A defendant shall be punished by imprisonment for one year.

A. The lower court’s sentence against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uncomfortable.

2. We examine both the defendant and prosecutor’s allegation of unfair sentencing as to the grounds for appeal.

The court below determined the defendant's punishment on the grounds of sentencing as stated in its reasoning. In full view of the circumstances stated by the court below and the defendant's intent that the above victims would not want the punishment of the defendant, such as the victim D, F, I, and M, the circumstances favorable to the defendant, and all other sentencing conditions specified in the proceedings of this case, the court below's punishment is deemed unfair.

Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal of this case is with merit, and the following judgment is rendered again

(3) Article 369 of the Criminal Procedure Act provides that “In cases where an appeal by a defendant is accepted and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed separately from the order.”

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;