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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence of the court below (the imprisonment without prison labor for eight months and the suspension of execution for two years) is too unhued and unfair.
2. The sentencing elements against the Defendant are the following: (a) the victim died due to the instant crime; (b) no agreement was reached between the Defendant and the victim; and (c) the Defendant has been punished several times for the same type of crime.
However, in full view of the sentencing factors favorable to the defendant, including the fact that the defendant recognized the crime of this case and is in profoundly against the defendant, that the defendant deposited the victim's spouse as a victim, that the defendant deposited the victim's spouse, and that the driver's vehicle is affiliated with the chartered bus mutual aid association, etc., and other sentencing factors specified in the arguments of this case, including the defendant's age, character and conduct, the background and consequence of the crime of this case, and the circumstances after the crime, the sentence of the court below against the
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.