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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (the sentence of imprisonment for four months, the suspended sentence of two years, and the order to attend a law-abiding driving lecture of 40 hours) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. A favorable circumstance is that the defendant made a confession of the crime of this case and reflects his depth on his mistake, and that the defendant has the record of punishment for the same kind of crime is disadvantageous.
In addition, since there are no special circumstances or changes in circumstances that can be newly considered in sentencing after the sentence of the lower judgment, the following facts are comprehensively considered in light of the records and various sentencing conditions indicated in the instant case, including the background of the instant crime, the circumstances after the instant crime, the Defendant’s environment, etc., the lower court’s punishment is too heavy or unfluent, and thus, the Defendant and the Prosecutor’s assertion is without merit
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.