The prosecutor's appeal is dismissed.

1. Progress of litigation;

A. The lower court found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury), the violation of the Road Traffic Act (Non-accident after Accidents), the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Act on the Aggravated Punishment, etc. of Specific Crimes (Non-accident after Accidents), and sentenced the Defendant to a fine of KRW 5 million,

B. A prosecutor only appealed against the lower judgment, and there was an erroneous determination of facts as to the acquitted portion of the lower judgment and an unreasonable sentencing as to the sentence against the lower court on the grounds of the appeal. Before remanding, the lower court accepted the prosecutor’s appeal as to the convicted portion of the lower judgment, and reversed the guilty portion of the lower judgment and sentenced the Defendant for six months of imprisonment and two years of suspended execution, and dismissed the prosecutor’s appeal as to the

C. The Defendant appealed only to the judgment of the court prior to remand. The Supreme Court reversed the conviction part of the judgment prior to remand, and remanded this part of the case.

2. A prosecutor did not file a final appeal against the judgment of the court prior to remanding the case subject to the judgment of the court. As such, the part of the judgment of the court below dismissing the prosecutor’s appeal against the acquittal portion among the judgment of the court prior to innocence and the judgment of the court prior to remand was separated and finalized upon the lapse of the appeal period against the judgment of the court prior to remand (see, e.g., Supreme Court en banc Decision 91Do1402, Jan. 21, 1992). Since the Supreme Court reversed and remanded the conviction portion of the judgment prior to remand through the judgment of remand, only the part of the judgment of the court below against the Act on the Aggravated Punishment, etc. of Specific Crimes

3. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

4. Determination

A. Article 8 of the Court Organization Act.