도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal (unfair punishment) of the lower court is unreasonable as it is too uneasible to the extent that the sentence (limited to four months of imprisonment, two years of suspended sentence, probation, social service, 80 hours of probation, and 40 hours of a compliance driving class) of the lower court
Judgment
It is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court solely on the ground that the sentencing of the first instance court falls within the reasonable scope of discretion, although the sentence of the first instance court falls within the scope of discretion.
(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In addition, the Defendant did not know even if he/she was subject to criminal punishment for a large number of identical crimes and caused social controversy by putting the instant crime under consideration.
However, these circumstances have already been reflected in the judgment of the court below.
In addition, there is no change in the conditions of sentencing compared to the original judgment as the new sentencing data has not been submitted in the trial court, and considering the factors revealed in the proceedings of the present case, the sentencing of the lower court is too unhued so that the sentencing of the lower court exceeded the reasonable scope of discretion.
In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.