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The prosecutor's appeal is dismissed.
Reasons
1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. On July 22, 2015, the Defendant had been punished seven times due to driving without a license, and the Defendant was sentenced to six months of imprisonment due to driving without a license, or two years of suspended execution on July 30, 2015 and the judgment became final and conclusive on July 30, 2015, and committed the instant crime even during the suspended execution period, etc., which is disadvantageous to the Defendant.
However, the defendant recognized the facts of the crime and went against the defendant, and the defendant was driving the vehicle of this case while driving the vehicle in the course of business.
The F appears to have been inevitably driven by the Defendant on behalf of the Defendant at the time because it is not good body of the Defendant. Taking full account of the circumstances that may be considered in the course of the crime, the Defendant’s simple driving without a license, the Defendant’s acquisition of a driver’s license during the instant trial, and the above circumstances, it seems somewhat harsh to allow the invalidation of the suspended sentence solely for the instant crime, which is a mere unauthorized driver, in light of the above circumstances, and there is no special relationship or change of circumstances that may be newly considered in the trial, and other various circumstances that are the conditions for the sentencing specified in the records and arguments of this case, including the Defendant’s age, environment, sex, motive for the crime, and the situation before and after the crime. In full view of the aforementioned circumstances, the lower court’s punishment is somewhat mitigated.
Even if it is not so unfair that it should be destroyed.
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.