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The prosecutor's appeal is dismissed.
Reasons
1. The lower court’s sentence (two years of suspended sentence for eight months of imprisonment, 80 hours of community service, and 40 hours of instruction of compliance driving) on the summary of the grounds of appeal is deemed unreasonable because it is too unfasible.
2. Determination is based on the high level of alcohol concentration among the blood of this case and the degree of injury suffered by the victim is not easy.
However, the defendant is the first offender and is in profoundly against the wrongness.
In addition, I agreed with the victim.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed unfair, and thus, the 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.