The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The judgment is disadvantageous to the Defendant, who had been punished five times due to drinking or non-licensed driving, etc., and committed the instant crime again during the suspended execution period due to the same kind of crime.

However, there are favorable circumstances such as the fact that the defendant recognized the crime of this case, the driving distance is short and immediately arrested, the fact that the long-term protection observation is planned in the future, and the fact that there is a family member to support.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, 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.