교통사고처리특례법위반(치상)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (a prison term of one year and two months under suspension of execution, two years under suspension of execution, 40 hours under suspension of compliance driving, community service work 120 hours) declared by the court below is deemed to be too uneasy and unfair.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In full view of the following: (a) there is no new circumstance to change the sentence of the lower court in the trial; (b) the reasons for the sentencing as stated by the lower court; (c) the Defendant suffers from mental illness, such as yellow disorder; (d) the Defendant raises five children after divorce; and (e) other various sentencing conditions, including the Defendant’s age, character and conduct, criminal history, motive or circumstance of the crime; and (e) circumstances after the crime, the sentence imposed by the lower
3. 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.