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The appeal by the defendant and the prosecutor shall be dismissed, respectively.
Reasons
1. The summary of the grounds for appeal asserts that the Defendant is too unaffortable due to the lower court’s punishment (eight months of imprisonment) and thus unfair, while the prosecutor asserts that the lower court’s punishment is too unaffortable and unfair.
2. In light of the fact that it is impossible for the Defendant to deny that the victim died due to the Defendant’s overwork operation, and that the Defendant attached another person’s number plate which the Defendant acquired on his own surface and operated without purchasing mandatory insurance, there is a lack of awareness of compliance with the traffic laws and regulations.
It seems that the victim's bereaved family members are strongly facing the punishment of the defendant, and the defendant is sentenced twice a fine due to the same kind of crime and one suspended sentence.
However, in full view of the favorable circumstances, such as the fact that the Defendant recognized the instant crime and is in profoundly against the Defendant’s depth, that the Defendant’s health is not good such as urology and left-hand urology, that the Defendant deposited KRW 20 million for the victim’s bereaved families during the first instance trial, and other factors of sentencing as indicated in the instant argument, such as the background of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual behavior, environment, etc., the sentence imposed by the lower court is deemed to be adequate, and thus, the unjust argument of sentencing by the Defendant and the Prosecutor is without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, each of them is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.