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The prosecutor's appeal is dismissed.
Reasons
1. The judgment of the court below on the gist of the grounds for appeal (the suspended sentence of a fine of KRW 5 million) is deemed to be too unfilled and unfair.
2. In full view of the following circumstances: (a) the Defendant reflects the crime; (b) there is no particular criminal history; (c) the background leading up to the instant crime; and (d) the Defendant’s driver’s vehicle is covered by a comprehensive motor vehicle insurance policy; and (b) the sentencing conditions indicated in the record, such as the Defendant’s age, health, occupation, sex, environment, family relationship, and circumstances after the instant crime, it is difficult to view the lower court’s sentence as being too unfasible and unreasonable.
Therefore, the prosecutor's above 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.