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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (two years of suspended execution for one year of imprisonment without prison labor, and two hundred hours of community service order) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The circumstances are favorable for the following: (a) the Defendant’s mistake is divided into and reflected against his/her own mistake; (b) the bus mutual aid association is subscribed to; (c) deposited KRW 30 million for the victim’s bereaved family members; and (d) there is no history of crime exceeding the fine.
However, in full view of all of the sentencing conditions in the instant case, including the Defendant’s age, sex, environment, background and consequence of the instant crime, and the situation after the lower court’s decision, the Defendant’s punishment is too heavy or unreasonable, and thus, the Defendant’s and the prosecutor’s above assertion are groundless, on the ground that the Defendant’s punishment is too heavy or unreasonable, inasmuch as it is deemed that there are no special circumstances or circumstances that may be newly considered in the sentencing after the lower court’s decision was rendered in light of the following: (a) the Defendant’s life, sex, environment, the background and consequence of the instant crime; and (b) the following circumstances.
3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.