The prosecutor's appeal is dismissed.

1. The summary of the reasoning of the appeal is that the penalty (five million won in penalty) of the lower judgment is too minor.

2. In light of the aforementioned factors, the judgment below's punishment is judged to be appropriate, and there is no change in circumstances in the trial, and the prosecutor's assertion is without merit, in light of the following factors: (a) there is an unfavorable reason for sentencing, such as the defendant's confession of the crime, the fact that the defendant is against the owner of the vehicle, the fact that the police officer agreed to do so, and the fact that only one time before 30 years prior to his previous offense, and the fact that only one time has been sentenced to a fine; (b) the defendant's age, family relation, economic situation, circumstances and motive leading to the crime, and all other matters concerning the sentencing as indicated in the records and changes in the records of this case.

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.