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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 15 million) is too uneasy and unreasonable.
2. Determination of the instant traffic accident results in the death of the victim, and the result is very serious, and the Defendant committed the instant crime without being aware of it during the suspension period of execution due to the instant crime, etc. is disadvantageous.
However, it is advantageous to the fact that the defendant recognized the crime of this case and is in profoundly against the defendant, that the defendant does not have the same criminal record, that the defendant seems to have contributed to the occurrence of the traffic accident of this case and the expansion of damage, that the defendant agreed with the bereaved family members of the victim in the original trial, and that the vehicle of the defendant is covered by comprehensive insurance.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment cannot be deemed unfair because it is too low.
Therefore, 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.