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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (four months of imprisonment) is too unhued and unfair.
2. The judgment of the defendant has already been sentenced to four times of punishment including the two times of suspended sentence due to theft or unlicensed driving, in particular, the judgment of six years of suspended sentence was rendered on November 16, 2017, and the judgment of two years of suspended sentence was rendered on June 15, 2018 and each of two years of suspended sentence was made on June 15, 2018, and the crime of this case was committed during the period of suspended sentence. In light of the repetition of the above crimes, it is recognized that the risk of recidivism is high.
However, it is also recognized that the defendant recognized the crime of this case, committed the crime of this case, and committed recidivism, the stolen vehicle seems to have been damaged by the victim, the defendant's activities and ability of care are suffering from the disorder of mental health, and it seems to have caused the crime of this case, and the defendant's failure to refrain from dynamic behavior is presumed to have caused the crime of this case, the defendant shows his intention to cure the above disability as a youth of 22 years old, the family members of the defendant want to take the preference of the defendant, and if the defendant's sentence is finalized, it is necessary to return the defendant's imprisonment for 6 months and 4 months under the suspended execution.
In addition, in full view of the various circumstances, such as the character, conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that may change the sentencing of the court below after the judgment of the court below, it is not recognized that the sentence imposed by the court below is too uneasible
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.
[Defendants shall be punished by imprisonment with prison labor for a violation of the Road Traffic Act at the Daegu District Court on October 18, 2018