2. The instant crime of this case regarding the grounds for appeal is deemed to have been strictly punished by the Defendant in light of the following: (a) the Defendant transported and handled duty-free oil equivalent to 525,000liters over 210 times in proportion to the nature and circumstances of the crime; and (b) the Defendant received approximately KRW 21 million as a result of the instant crime.

However, in full view of the following factors: (a) the Defendant recognized the instant crime and divided in depth; (b) the Defendant simply transported the duty-free oil, which is the stolen goods, and the degree of participation is relatively minor; (c) the Defendant has no record of punishment for the same kind of crime; (d) the Defendant has no record of punishment heavier than the fine; (c) the Defendant has to support his family; and (d) other factors for sentencing specified in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) other factors for sentencing specified in the instant records, such as the circumstances after the crime, etc.,

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.