The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The fact that the defendant committed the instant crime during the period of suspended execution due to the same crime is disadvantageous to the defendant.

Meanwhile, considering the favorable circumstances that the Defendant reflects the depth of the crime and takes some of the driving circumstances into account, as well as the sentencing conditions indicated in the records, such as the Defendant’s age, occupation, sex, environment, and circumstances after the commission of the crime, it is difficult to view that the lower court’s punishment is unfair because it is too unafford in light of comprehensively taking into account the following factors:

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.