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The prosecutor's appeal is dismissed.
Reasons
1. In light of various sentencing conditions, including the fact that the defendant had a large number of records of the same crime and committed the instant crime during the period of suspended execution, the sentence imposed by the court below (three million won of fine) is too uneasible and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In light of the fact that the Defendant was sentenced to imprisonment on April 18, 2018 for a crime of violation of the Road Traffic Act (unlicensed Driving) and the judgment became final and conclusive around that time, he/she again committed the instant crime, even though he/she was under suspension of execution, the nature of the instant crime is not weak.
However, if the sentence of imprisonment is imposed due to the instant crime, the Defendant should additionally be sentenced to the punishment for eight months in which the execution of the sentence is suspended. This seems to be harsh in light of the nature and form of the instant crime, etc., and the above circumstances alleged by the Prosecutor as an element of sentencing were already revealed in the hearing process of the lower court and sufficiently considered, and there is no particular change in circumstances in the matters subject to sentencing after the sentence of the lower court is made.
In addition, considering the Defendant’s age, character and conduct, environment, motive, appearance, and circumstances after the commission of the crime, all of the sentencing factors indicated in the argument of the instant case, the sentencing of the lower court is conducted within the reasonable scope of discretion, and it is reasonable to respect it as it is too unjustifiable.
Therefore, prosecutor's assertion is without merit.
3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.
However, the application of the law under Article 25 of the Regulation on Criminal Procedure is 1.1.