The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of four million won) declared by the lower court is too unhued and unreasonable.

2. The defendant has been sentenced to a suspended sentence of imprisonment for special larceny and violation of the Road Traffic Act, and used another person's motorcycle under the condition of a suspended sentence of imprisonment without a license. In light of the circumstances and results of the crime, this provision shall not apply to the case where the nature of the crime is minor;

However, in full view of the following factors: (a) the Defendant recognized his mistake and reflects; (b) there is no specific penalty power other than criminal punishment once due to special larceny; (c) the Defendant agreed with the victim at the investigation stage; (d) the Defendant’s age, character and conduct; (b) the motive and background of the crime; (c) the distance of operation; and (d) the circumstances after the crime, etc., the lower court’s sentencing appears to have been conducted within the reasonable scope of discretion by taking into account all the factors of sentencing specified in the present pleadings; and (d) there are no special changes in circumstances to change the sentencing of the lower court. Therefore, it cannot be said that the lower

Therefore, the prosecutor's above 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.