A. The lower court’s punishment (3 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Prior to the instant crime, the Defendant had a record of criminal punishment on several occasions, including the history of punishment for violating the Road Traffic Act (unlicensed driving), and, in particular, the Defendant committed the instant crime without being aware of the fact that he/she was sentenced to a two-year suspended sentence for six months of imprisonment due to a violation of the Road Traffic Act (driving) and without being aware of the fact that he/she committed the instant crime during the suspended period.

On the other hand, the fact that the defendant is recognized as committing the instant crime and is against the defendant, that the defendant disposes of the vehicle operated by the defendant and does not repeat again, that the person who was the defendant wanted to take the place, that the defendant's punishment was suspended, and that there is a somewhat harsh aspect of the defendant's punishment that is favorable to the defendant.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sex, environment, family relationship, and circumstances after the commission of the crime, the lower court’s punishment is too heavy or is deemed unfair, and thus, the Defendant, his defense counsel, and the prosecutor’s respective arguments regarding the above sentencing are not acceptable.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.