The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. However, the fact that the Defendant had been punished for the crime of violating the Road Traffic Act (unlicensed driving) and had been convicted five times the same criminal records, and that the Defendant again committed the instant crime is disadvantageous to the Defendant.

However, in full view of all the circumstances in the records, such as the fact that the defendant committed a crime and commits a mistake, the defendant has no criminal record exceeding the fine, and the defendant's age, sex behavior, environment, occupation, and circumstances after the crime, it is not recognized that the sentence of the court below is too unfeasible and unfair.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.