2. In full view of the following facts: (a) the judgment of the court below was examined; (b) the Defendant made confession of the offense while committing the offense; (c) the first offender was sentenced to a fine heavier than penal detention; and (d) the Defendant’s age, family relation, economic situation; (b) background and motive leading to the offense; and (c) other matters concerning the sentencing as indicated in the records and arguments on changes, the prosecutor’s assertion is without merit, since the sentence of the court below is deemed appropriate.

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.