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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 (one year of imprisonment without prison labor, two years of suspended execution, 40 hours of order to attend a community service, and 200 hours of order to provide community service) is too unhued and unreasonable
2. The instant crime committed by the Defendant, while driving the Ortoba, led to the death by shocking the victim, who was dried by the pedestrian signal at the time when the Defendant violated the signal, and resulting in the death of the victim, and the degree and result of the negligence is very significant.
Due to the instant crime, the bereaved family members of the victim suffered from the irrecoverable pain.
The Defendant did not reach an agreement with the bereaved family members of the victim even though the Defendant had been for a considerable period after the instant crime was committed, and the victim’s bereaved family members want to be punished against the Defendant.
However, the defendant is currently a juvenile of 17 years of age who has no record of criminal punishment yet, and his mistake is deeply divided.
The parent of the defendant deposited 30 million won in the court below for the victim's side, and the victim's bereaved family seems to have been somewhat damaged since the victim's bereaved family was insured by the liability insurance at the time of the accident of this case.
In addition, taking into account the following circumstances: (a) the Defendant’s character and conduct, family environment, and the motive, background, means, methods, and consequences leading to the instant crime; and (b) the circumstances before and after the instant crime; and (c) the conditions of sentencing indicated in the instant records and pleadings, the lower court’s punishment is appropriate and too unreasonable and cannot be deemed unreasonable.
Therefore, prosecutor's argument cannot be accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.