Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, 2 years of suspended execution, 160 hours of community service) of the court below is deemed to be too uneasible and unfair.
2. In full view of the arguments in the instant case and the reasons for sentencing indicated in the record, the lower court’s sentencing against the Defendant appears to have been appropriately determined by fully taking into account all the circumstances, including the various reasons for sentencing asserted by the Prosecutor, and no special circumstance exists to the extent that the lower court’s sentencing is altered.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.
[However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the "criminal fact" of the lower judgment is corrected in the first head by adding "the defendant is sentenced to 8 months of imprisonment and 2 years of suspended execution for a violation of the Road Traffic Act at the Seoul Western District Court on October 18, 2018, and the judgment became final and conclusive on October 26, 2018," "the summary of evidence" to "1. In the last case: Court Decision (Seoul Western District Court Decision 2018Da1193)," "The case search (Seoul Western District Court Decision 2018Ma1193)" to "the corresponding law and the choice of punishment for a crime of 1.0," and "the latter part of Article 37 and Article 39 (1) of the Criminal Procedure Act" to "the latter part of Article 39 (1) of the Act on the Punishment of Concurrent Crimes."