The prosecutor's appeal is dismissed.

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 fact that the judged defendant had been punished several times for the same crime, and that he/she again committed the crime of this case despite the fact that he/she had been under probation due to special larceny, driving without license, etc. is disadvantageous to the defendant.

However, in full view of the various circumstances, including the Defendant’s age, environment, sexual conduct, motive for the crime, and circumstance before and after the crime, the lower court’s punishment is too unreasonable and it cannot be deemed unfair in light of the following: (a) the Defendant’s disposal of the vehicle that was operated at the time of the instant non-licensed driving; (b) the Defendant’s disposal of the vehicle at the time of the instant non-licensed driving; (c) the commission of traffic accidents; (d) the support of eight minor children; and (e) the effect of the existing suspended execution by a sentence of imprisonment with prison labor is somewhat harsh.

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.