2. The lower court rendered a sentence in consideration of favorable circumstances to the Defendant, such as the following: (a) the Defendant was punished five times by unlicensed driving prior to this day; (b) the Defendant committed the instant crime during the period of repeated crime due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; (c) the Defendant was not in the period of repeated crime due to the same type of crime; and (d) the Defendant’s imprisonment force for unlicensed driving was prior to 2

There is no circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion when comprehensively taking into account the conditions of sentencing and the applicable sentences in the trial, or that it is deemed unreasonable to maintain the lower court’s determination of sentencing as it is.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). In full view of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, character and conduct, and environment, etc., as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

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.