Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence for six months of imprisonment, two years of probation, and one hundred and twenty hours of community service order) is too uneasy and unreasonable.
2. Circumstances unfavorable to the judgment on the grounds of appeal: The crime of this case is not likely to be committed because the defendant withdrawss money remitted by the victim to his account in his name and aids and abets the singishing crime to the non-offenders in his name.
A favorable circumstance: The defendant shows his attitude to recognize and reflect the crime of this case.
The defendant seems to have no profit from the crime of this case.
The defendant is the first offender.
Although the sentencing guidelines have been set for all kinds of crime of frauds on the present arguments and records, such as the defendant's age, character and behavior environment including the above unfavorable circumstances, favorable circumstances, relationship with victims, motive means of crime, and the circumstances after crime, etc., the sentencing guidelines are not applied to aiding and abetting offenders.
Considering B, it is not recognized that the sentence imposed by the court below is too unhued and unfair.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.