도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence of imprisonment for eight months, two years of probation, observation of protection, and one hundred and sixty hours of community service) is too uneasy and unfair.
2. Even when taking into account the circumstances alleged by the prosecutor in the judgment (such as the fact that there are many records of punishment for the same type of crime), the court below’s sentence that the defendant had been sentenced to suspended sentence due to the same type of crime was most favorable to the defendant, and there were no special circumstances or circumstances that may be newly considered in sentencing after the pronouncement of the judgment of the court below, and all other circumstances that form the conditions of sentencing as shown in the records and pleadings are considered, the sentence that the court below sentenced to the defendant is appropriate and too unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.