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The prosecutor's appeal is dismissed.
Reasons
The Prosecutor appealed from the lower court’s sentence (2 years of suspended sentence for ten months, 80 hours of community service, and 40 hours of lecture for compliance driving).
However, in full view of the various sentencing conditions in the records and arguments of this case, such as there is no change in the sentencing conditions compared to the original judgment, and there is no history of punishment exceeding the fine, and there is no agreement with some victims even though the defendant had been sentenced twice the previous conviction, the sentencing of the lower court is not recognized to be unfair.
Therefore, the prosecutor's appeal is dismissed (Provided, That in the application of the law of the court below, it is obvious that the defendant omitted "Article 38 (1) 2" from the following "Article 38 (2)", and thus, the addition is made ex officio correction in accordance with Article 25 (1) of the Regulation on Criminal Procedure.