Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unfilled and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and 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 en banc Decision 2015Do3260 Decided July 23, 2015). As to the instant case, health class, the traffic accident in this case resulted in the death of the victim, which appears to have been sufficiently considered by the lower court in determining the sentence. However, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data in the trial, and the Defendant’s vehicle is covered by a comprehensive motor vehicle insurance, and the victim’s bereaved family members do not want the Defendant’s punishment by making a full payment of KRW 33 million to the victim’s bereaved family members, as well as the Defendant’s age, character, and conduct, environment, circumstances leading to the crime, and circumstances after the crime, etc., the lower court’s sentencing is too uneasible and it does not seem to have exceeded the reasonable scope of discretion.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.