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The prosecutor's appeal is dismissed.
Reasons
1. The sentencing of the lower court (one million won in 3 million won) on the gist of the grounds of appeal is deemed unfair because it is too uneasible.
2. The judgment defendant has a record of being punished several times for the same crime, and committed the crime of this case during the period of suspended execution for the same crime.
However, in full view of the various circumstances, including the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence, etc., including the Defendant’s act of driving without a license, and the fact that there is no special circumstance or circumstance to change the sentencing of the lower court after the lower judgment, the sentencing of the lower court is not 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.