2. The circumstances that are disadvantageous to the defendant include the fact that the victim did not make any effort to recover damage for determination, the fact that the victim wants to punish the defendant strictly, and the fact that the victim has been subject to five times or criminal punishment for the same kind of crime.

However, in full view of the favorable circumstances such as the recognition of a crime and the reflection thereof, the fact that a recipient of basic living is not in an economic situation as a recipient of basic living, the elderly and health is not good, and other various sentencing conditions, such as the character and conduct of a defendant, the environment, motive, means and consequence of a crime, etc., it is difficult to view that the sentence of the court below is too uneasible and unfair

Therefore, the prosecutor's above argument of sentencing 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 grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.