교통사고처리특례법위반(치상)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (the imprisonment without prison labor for a period of two years, one-year suspension of the execution of the imprisonment without prison labor for a period of 120 hours, and an order to attend a law-abiding lecture for a period of 40 hours) is too una
2. The lower court appears to have sentenced the Defendant to punishment by taking into account the favorable and unfavorable circumstances of the Defendant.
In light of the background and result of the instant crime in the trial at the trial, comprehensively taking into account the conditions of the sentencing, including the circumstances after the instant crime, the Defendant’s age, sexual conduct, and the record of punishment, and the statutory penalty, the judgment of the lower court exceeded the reasonable bounds of its discretion.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
Therefore, the prosecutor's ground of appeal cannot be accepted.
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 appeal is without merit. It is so decided as per Disposition.