Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the judgment of the court below is unfair because the sentence imposed on the defendant (a two-year imprisonment, a three-year suspension of execution, and a twenty-hour community service and a forty-hour compliance driving instruction) is too unfford.
2. There is no change in circumstances that may consider the sentencing after the judgment of the court below, and considering the conditions of sentencing as indicated in the records and arguments of this case, the sentence of the court below is too uneasible even considering the circumstances asserted by the prosecutor on the grounds of appeal.
3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Provided, That pursuant to Article 25(1) of the Regulation on Criminal Procedure, the part of the judgment of the court below on the 10th page of the 3th page of the decision of the court below on the ground that the prosecutor’s appeal is dismissed under Article 364(1) of the same Act.