The prosecutor's appeal is dismissed.

The court below's sentence (two months of imprisonment) against the defendant in summary of the reasons for the prosecutor's appeal is too uncomfortable and unfair.

Judgment

The crime of this case is deemed to have driven a car without a driver's license even though the defendant was under the period of suspension of execution. In light of the circumstances and contents of the crime, it is recognized that the defendant was disadvantageous to the defendant.

However, it is reasonable to respect the defendant's confession of the crime in this case and reflects the defendant's mistake in depth, that the defendant is physically disabled persons of grade III with physical disability, that there is an economically difficult situation for the defendant to receive basic living, that it is necessary to consider equity with the case where the defendant has been tried together with the injury crime in which the judgment became final and conclusive, and that our criminal litigation law, which takes the trial-oriented principle and the principle of direct supervision, has the unique area of the first deliberation as to sentencing, and there is no change in the sentencing conditions compared with the first instance court, and that the first trial sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstance against the defendant recognized earlier does not fall under any special change in circumstances that can change the sentence of the court below after the sentence of the court below, and that if the defendant's age, sexual behavior, environment, etc. two circumstances that constitute the conditions for the sentencing in this case, the court below's punishment against the defendant is too unfair.

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.