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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.
2. The Defendant, upon driving without a license, was sentenced to a fine of KRW 700,00 won in 201, a fine of KRW 1.5 million in 2008, a fine of KRW 1.5 million in 2009, a fine of KRW 2 million in 2010, and a fine of KRW 3 million in 2012 due to driving without license, and was sentenced to a punishment of KRW 3 million in 200,000 in 201, and was sentenced to a two-year suspended sentence in 2015, and was again engaged in the same type of crime without being aware of the fact during the suspended sentence.
However, in full view of the following circumstances: (a) the Defendant led to confession of and reflect on the facts constituting an offense; (b) the Defendant was not subject to regulation by causing traffic accidents; (c) the effect of the existing suspension of execution by sentenceing imprisonment to the Defendant appears to be somewhat harsh; and (d) the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., which are the conditions for sentencing as shown in the records and arguments of this case, cannot be deemed unfair because the sentence of
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.