2. The determination of sentencing is based on the statutory penalty, with a discretionary determination that takes place within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on the principle of trial-oriented and directness, there are unique areas of the lower court regarding the determination of sentencing.

In addition, considering these circumstances and the ex post facto nature of the appellate court, where there is no change in the conditions of sentencing compared to the original court and the sentencing of the original court does not deviate from the reasonable scope of the discretion, it is reasonable to respect them. In the case of the defendant, there is no change in the conditions of sentencing compared to the original court, and the sentencing of the original court does not deviate from

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 as it is without merit. It is so decided as per Disposition.