The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. On January 20, 2016, the Defendant had been already subject to four times or punishment due to driving without a license, and in particular, on January 20, 2016, the Daegu District Court’s Pohang Port Branch was sentenced to a four-year suspended sentence on October, 2016 and was sentenced to a four-year suspended sentence, but the Defendant committed the instant crime, which is disadvantageous to the Defendant.

However, in full view of all the sentencing conditions indicated in the records, such as the Defendant’s age, sexual conduct, environment, occupation, and circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable, in so doing, even if it is deemed that the Defendant’s punishment is too uneasible and unfair.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.