Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of suspended sentence for six months of imprisonment, probation order and community service order for 80 hours of imprisonment) is too uneasible.
2. The judgment of the court below did not receive a letter from the victim due to the reasons that the defendant paid the amount of damage or agreed with the victim, etc. [Article 2 and 3 of the reference materials submitted by the defendant in the trial at the court (the court 2015 high-level 3317 fraud)]. The defendant's error in all other cases seems to be against the defendant's depth, and living conditions are very difficult, and there are no records of punishment or heavier fines for the same crime as the crime of each of the of the of the of the of the of the of the of the of the of the of this case before the commission of each of the of the of the of the of the crimes of this case. The amount of damage suffered by the defendant is not higher than the amount of damage suffered by the victim of the of each of the of the of the of the of the of the of this case, and considering the various circumstances such as the motive and circumstances leading up to each of the crimes of this case, the defendant's age, character and behavior, occupation, family relation, etc., it cannot be deemed unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.
(However, the judgment of the court below in Part 5 is clear that the "D" in Part 2 and the "beatatt" in Part 13 are each erroneous statements of "beatt", and thus, it is corrected to correct it ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.