The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 3,00,000) is too unhued and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The Defendant had a record of criminal punishment once (2003), twice due to drinking driving (201, 2016), and accordingly, committed the instant crime even though his driver’s license was revoked.

It is necessary to strictly punish the defendant in light of the attitude that such defendant's criminal behavior and compliance consciousness is lacking.

On the other hand, the following conditions are favorable.

Prior to the instant case, the Defendant was not subject to criminal punishment due to driving without a license.

The defendant does not commit a second offense against the crime.

There are many things.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.