2. In full view of the following facts: (a) the judgment was examined; (b) the Defendant made confession of the offense while committing the offense; (c) there was no criminal conviction or fine exceeding the same kind of offense or fine; (d) the court below rendered a fine heavier than the penal detention; and (e) the Defendant’s age, family relation, health status, economic situation, circumstances leading to the offense and motive; and (e) other matters concerning the sentencing specified in the records and arguments of this case, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.