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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.
2. Where the defendant parks a motor vehicle without operating the brakes properly, resulting in injury to the victim who needs medical treatment for eight weeks, etc., and resulting injury to the defendant's negligence and damage therefrom, this shall not apply;
However, the Defendant agreed with the victim in relation to the damage caused by the instant crime with no criminal record, and the payment of medical expenses to the victim is also deemed to have been smoothly made in the status of being covered by the automobile comprehensive insurance.
In the instant case where there is no change in circumstances that could determine punishment differently from the original judgment in the appellate court, taking into account all the conditions of sentencing as shown in the records and theories of changes, such as the Defendant’s age, sexual conduct, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court exceeded the scope of reasonable discretion in sentencing as it is too unfeasible.
shall not be deemed to exist.
Therefore, the prosecutor's improper argument of sentencing is not accepted.
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 prosecutor's appeal is without merit. It is so decided as per Disposition.