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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.
2. Where there is no change in the sentencing conditions compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it.
(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Circumstances the Prosecutor asserts as an element of sentencing in this court are already revealed in the hearing process of the lower court, and there is no particular change in circumstances regarding the matters subject to sentencing after the lower judgment was sentenced.
Although the above circumstances and the nature of the Defendant’s crime are considerably poor, it seems that the invalidation of the suspended sentence is too harsh to the Defendant only on the sole basis of a simple driving without a license where the accident occurred, and in full view of the following: the Defendant’s age, character and conduct, environment, motive and means of the crime, the consequences of the crime, and all of the sentencing conditions indicated in the present case’s arguments and records, including the circumstances after the crime, it is difficult to deem that the sentence imposed by
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.