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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year and four months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. In a case where there is no change in the sentencing conditions compared with the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). From this perspective, from this perspective, the sentencing of the lower court was determined on the basis of a comprehensive consideration of the circumstances favorable to the Defendant (such as the fact that the Defendant, including the suspension of the execution of imprisonment with labor due to drinking driving in the past, has served four times or more as a result of criminal punishment, and there is no special change in circumstances that may change the sentencing of the lower court after the sentence of the lower court.
On the other hand, the defendant voluntarily surrendered.
However, even if the defendant's assertion is based on the defendant's assertion, the other party reported to the police as the other party demanded a high-amount agreement on driving under the influence of alcohol after the occurrence of a traffic accident, it is difficult to regard the reported traffic accident as a self-denunciation of the driving under the influence of alcohol, and it is not appropriate to reduce the punishment on the ground of the reported fact. Therefore, the above argument is rejected.
In addition, comprehensively taking account of the Defendant’s age, sexual conduct, motive, background, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy or is frightened, and thus, exceeded the reasonable scope of discretion.
It does not appear.
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so ordered as per Disposition.