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The prosecutor's appeal is dismissed.
Reasons
The Prosecutor appealed on the ground that the lower court’s sentence (ten months of imprisonment and two years of suspended execution) is too unfluent and unfair, but in light of all the sentencing conditions indicated in the records and arguments of the instant case, including the following: (a) the Defendant was fully admitted to the instant crime; (b) there is no particular criminal history other than the sentenced to a fine due to drinking driving in around 2015; and (c) the victim’s bereaved family members paid industrial accident insurance money, the sentence imposed by the lower court is too unfluent and unreasonable.
Since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the "the order of suspension of full-time operation" in Article 13 shall be corrected ex officio to "the order of suspension of full-time operation".