Defendant

All appeals by prosecutors are dismissed.

1. The summary of the grounds for appeal is that, when considering various circumstances, the punishment of the lower court (a fine of KRW 4 million) is too unreasonable, while the prosecutor is deemed to be too uneasy and unreasonable in light of the content and nature of the instant crime.

2. Determination: (a) the Defendant recognized all of the instant crimes and reflects their depth; (b) the driving distance is relatively short; and (c) the Defendant has been subject to punishment several times as a basic livelihood security recipient; (b) the Defendant has been subject to punishment for the same kind of crime (one time of suspended execution of sentence and three times of fines); (c) the Defendant committed the instant crime even though he was sentenced to two years of suspended execution in August due to a violation of the Road Traffic Act at the Busan District Court on October 5, 2012; and (d) the Defendant committed the instant crime even though he was under suspended execution after having been sentenced to two years of suspended execution due to a violation of the Road Traffic Act at the Busan District Court on October 5, 2012; and (c) all of the sentencing factors prescribed in Article 51 of the Criminal Act including the Defendant’s age, character and behavior, environment, and motive and circumstance of the instant

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