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The prosecutor's appeal is dismissed.
Reasons
1. The prosecutor of the grounds for appeal asserts that the punishment (4 million won in penalty) declared by the court below is too unfilled and unfair.
2. On August 21, 2016, the Defendant is recognized to have committed the instant crime even if he/she was found to have driven a cargo vehicle without a driver’s license on August 21, 2016 and was investigated as a result of the fact of driving the cargo vehicle without a driver’s license on September 26, 2016, and operated a XG vehicle without a driver’s license on September 26, 2016.
However, considering the fact that the Defendant recognized all of his mistake in the trial of the party, and reflects it in favor of the Defendant, and there is no special circumstance or circumstance that may be newly considered in the sentencing after the pronouncement of the lower judgment, comprehensively taking account of the following: (a) the Defendant’s age, sexual behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances that form the conditions for sentencing as indicated in the present argument and the record, the sentence imposed by the lower court is too unreasonable and unreasonable.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.