The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (4.5 million won in penalty) is too unhued and unreasonable.

2. Determination is an unfavorable circumstance against the Defendant, such as the fact that the Defendant had been convicted of drinking (3 times) and without a license (2 times), and the fact that the Defendant had been prosecuted for driving without a license during the suspension period due to drinking and non-licenseing, and again carried out driving without a license on the first trial date on the day of the open trial.

However, the defendant has been divided in depth into and reflected in the crime of this case, and supports his father who is not healthy.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed unfair, and thus, the 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.