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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfasible and unfair.
2. Unfavorable circumstances: on July 17, 2015, the Defendant was sentenced to a suspended sentence of two years and six months on the grounds of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act by blood) on the Punishment, etc. of Sexual Crimes; and on October 16, 2015, the Defendant committed the instant crime without being aware of the fact that the judgment became final and conclusive and conclusive, and committed the instant crime.
There is a record that the defendant has been sentenced to a one-time suspension of execution and a six-time fine for the same crime.
The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.
The degree of injury of the victims of this case is relatively minor.
The defendant did not want to punish the defendant by agreement with the victims in the court below.
The sentencing guidelines are not applied to the crimes of violation of the Road Traffic Act (drinking driving) and the crimes of violation of the Road Traffic Act (licensed driving) are not set in the judgment of the court below where the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which are shown in the arguments of this case and the records of all kinds of sentencing conditions, including the above unfavorable circumstances, favorable circumstances, the defendant's age and character environment, relationship to victims, the motive and consequence of the crime, and the circumstances after the crime.
In full view of the foregoing, the lower court’s sentence imposed on the Defendant deviates from the sentencing discretion.
It is not recognized that it is unfair because it is too unfluent enough to be assessed.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.