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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended execution) of the lower court is deemed to be too uneasy and unfair.
2. The crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant deceivings the victims to obtain the alcohol equivalent to the total market value of 830,000 won, and furthermore, the crime is not less vulnerable to the nature of the crime due to assaulting the victims C, the defendant is not aware of the fact that he was subject to criminal punishment several times due to the same crime even before, and does not reach an agreement with the victims until before the trial, as well as that he did not take any particular measures for the recovery of victims' damage.
On the other hand, the fact that the defendant recognizes the crime of this case and reflects the mistake, that the amount of fraud is not a large amount of 830,000 won, and that it is hard to repeat such mistake again is favorable to the defendant.
In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.