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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment, two years of suspended execution, and forty hours of order to attend a law enforcement lecture) is too uneasible and unfair.
2. Determination
A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the first deliberation regarding the determination of sentencing, and the fact that there is a change in the conditions of sentencing compared to the first instance court, and that the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance judgment (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) The Defendant is recognized that: (a) the Defendant driven a vehicle under the influence of alcohol concentration of blood alcohol level of 0.25%; and (b) the Defendant had the records of being fined once as the same offense.
However, in full view of the aforementioned circumstances, the lower court’s punishment is too uneasy and unfair, given that there was no special change in circumstances that could change the sentence of the lower court after the pronouncement of the lower judgment; that there was a defendant’s wrong recognition and rebuttal; that there was no criminal offense exceeding the fine against the Defendant; and that there was no criminal offense against the Defendant; and that other various sentencing conditions specified in the instant records and arguments, such as the Defendant’s age, sexual behavior, environment, family relationship, motive and circumstance of the crime, means and consequence, and the circumstances after the crime.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.