The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (one million won in 3 million won) on the gist of the grounds of appeal is deemed unfair because it is too uneasible.

2. The Defendant had been sentenced to several punishments for the same crime and was sentenced to six months of imprisonment with prison labor due to drinking driving in 2015 and committed the instant crime during the period of suspended execution.

However, in full view of the following circumstances: (a) the Defendant has no criminal record of suspended execution or more due to driving without a license; (b) the Defendant’s age, sex, environment, family relationship; (c) motive and background of the offense; and (d) the circumstances following the offense; and (d) the lower court’s sentencing is not unfair in light of the following circumstances: (a) there is no special circumstance or circumstance to change the

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.