Text
The prosecutor's appeal is dismissed.
Reasons
1. The grounds for appeal by the Prosecutor on the grounds for appeal are too minor for the original judgment.
However, in full view of all the circumstances described in the reasoning of sentencing and all other conditions of sentencing indicated in the record, it cannot be deemed that the sentence imposed by the lower court against the Defendant is determined within the scope of the court’s sentencing discretion and is too weak to the extent that it cannot avoid reversal.
The prosecutor's appeal is dismissed.
2. The revision of the written judgment of the court below is to correct ex officio as follows the portions of concurrent crimes and the discretionary mitigation as follows.
1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with the punishment heavier than that provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents: Provided, That the lowest sentence shall be applicable to the punishment determined for the violation of the Road Traffic Act);
1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;