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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.
2. The Defendant had a record of being punished for driving without a license, and committed the instant crime during the period of suspension of the execution of imprisonment with prison labor for other crimes.
However, the defendant recognizes and reflects his criminal act, and the distance of the defendant driving a vehicle without a license is also different.
In addition, in full view of various sentencing conditions shown in the records and arguments, such as the defendant's age, sex, environment, and circumstances before and after the crime, the sentence against the defendant does not seem to be too unfortunate and unfair.
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.