Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. However, the Defendant recognized and reflected the instant crime.

The Defendant disposed of the vehicle operated after the instant crime.

On the other hand, during the last two years, the Defendant was sentenced to a fine of KRW 5 million, a fine of KRW 1 million due to non-licensed driving, a fine of KRW 4 months due to a non-licensed driving, and a suspended sentence of one year.

In particular, the crime of this case is made on the following day after the judgment of the above suspension of execution became final and conclusive, and there is still lack of awareness.

Considering the above circumstances in light of the Defendant’s age, character and conduct, environment, family relationship, motive and method of committing the crime, and the circumstances after committing the crime, the sentence of the lower court is deemed appropriate, and it cannot be deemed that the Defendant and the prosecutor’s assertion of unfair sentencing is too heavy or unreasonable. Thus, all of the grounds of unfair sentencing are without merit.

3. According to the conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.