도로교통법위반(무면허운전)등
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal (unfair sentencing) of the court below's sentencing (one million won in penalty) is too unfluent and unfair.
Judgment
The criminal liability of the defendant who drives a bicycle without a license for driving the motor device that has not been covered by mandatory insurance during the period of repeating the same crime and the suspension of the execution of imprisonment shall not be minor.
However, considering the fact that the defendant seems to have been living together with the person with severe intellectual disability, the situation and result of the crime, the circumstances after the crime, the age of the defendant, family relationship, etc., the punishment of the court below is too uneasible and it does not seem unfair.
In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor is without merit, and it is so decided as per Disposition (Article 25 (1) of the Regulation on Criminal Procedure). However, according to Article 25 (1) of the Regulation on Criminal Procedure, the second motor bicycle "" of the judgment of the court below is corrected as "motor device bicycle."