2. Although there are extenuating circumstances against the Defendant, such as the fact that the degree of injury suffered by the victim was serious, considering the following factors: (a) the Defendant was the first offender and the aged of 80; and (b) other factors of sentencing as shown in the instant pleadings, such as the character and conduct of the Defendant, family environment, the background of the instant crime, and the circumstances before and after the instant crime, it cannot be deemed that the lower court’s sentence against the Defendant is too

3. Accordingly, according to the conclusion, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.