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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court is too uneased and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court, and in full view of the factors revealed in the instant argument, the lower court’s sentencing is too unfluent and so it does not seem to have exceeded the reasonable scope of discretion.
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.
(However, among the judgment of the court below, the application of the law is clear that “Article 3(1) and proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents” was erroneously omitted, and thus, it is corrected ex officio in accordance with Article 25(1) of the Regulation on Criminal Procedure.