2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant’s negligence caused a result that the victim died.

However, in a comprehensive consideration of the sentencing conditions, such as the Defendant’s age, occupation, family relation (including the wife to support and the children with intellectual disability 2) and the circumstances after committing the crime, the lower court’s punishment is beyond the reasonable scope of discretion or is unreasonable because it is too unfasible.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.