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The prosecutor's appeal is dismissed.
Reasons
1. The sentence imposed by the court below (one year of imprisonment, two years of suspended execution, observation of protection, community service, 200 hours) on the summary of the grounds of appeal is too unfasible and unfair.
2. The crime of this case is an unfavorable circumstance where the Defendant destroyed another person’s office with a truck, inflicted bodily injury by shocking the other person with the vehicle, and the quality of the crime is not good, such as reclaiming waste about 380 tons, denying the crime of this case’s special injury, and the Defendant did not endeavor to recover damage to the victim of this case’s special injury, and the Defendant again committed the crime of this case even though he had the record of being punished as a violation of the Wastes Control Act in 2006.
However, the Defendant led to confession and reflect on the instant crime of violation of the Special Destruction and Waste Management Act, and agreed with the victim of the crime of special damage among the instant crimes, and completed recovery of wastes from the crime of violation of the Waste Management Act. The degree of injury to the victim of special injury is not severe among the instant crimes, and the Defendant did not have any criminal record exceeding the fine.
In full view of the above circumstances and other circumstances, including the background of the instant crime, the Defendant’s age, and the circumstances after the instant crime, etc., the sentence imposed by the lower court is too minor.
shall not be deemed to exist.
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.