The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (7 million won in penalty) on the gist of the grounds of appeal is deemed unfair because it is too unfasible.

2. The Defendant committed the instant crime in the period of suspension of the execution of imprisonment with prison labor by driving without a license.

However, in full view of the various circumstances, including the Defendant’s age, sexual conduct, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and the sentencing of the lower court is not unfair, given that there are no special circumstances or changes in circumstances that make it possible for the lower court to change the sentencing after the crime.

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.