The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. In full view of the circumstances favorable to the defendant, including the crime of refusing to take a judgment, the fact that the defendant has a number of times punishment for traffic-related crimes, etc., but on the other hand, it is difficult to view that the sentence of the court below is unfair because it is too unreasonable in light of the circumstances favorable to the defendant, such as the defendant's health, occupation, age, sex, environment, family relationship, motive and circumstance of the crime, and other factors of sentencing indicated in the records, such as the defendant's health, occupation, age, sex, family relationship, motive and circumstance of the crime, etc.

Therefore, the prosecutor's above assertion is without merit.

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.