Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, the order to attend a law-abiding driving lecture 40 hours, the order to provide community service for 80 hours) imposed by the court below on the defendant is too unfasible and unfair.
2. In light of the following: (a) there is no particular change in the sentencing conditions compared to the lower court’s determination; and (b) there are various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment seems unfair. Therefore, the Prosecutor’s aforementioned assertion is without merit.
3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit, and it is so decided as per Disposition (Article 364(2) of the Criminal Procedure Act on the ground that the “Article 37(1)2, and Article 50 of the Criminal Procedure Act” is omitted under Article 37(2) of the Criminal Procedure Act on the second day of the judgment of the court below on the ground that it is evident that the “Article 37(1)2, and Article 50 of the Criminal Procedure Act on the ground that the appeal is added under