2. In the instant case where there is no change in the sentencing conditions that would be specifically considered for the first time in the appellate trial, in full view of various circumstances, including the Defendant’s age, sexual conduct, environment, health condition, family relationship, motive, means, and consequence of the crime, etc., the first instance court’s sentencing is difficult to deem that the Defendant’s sentencing is too unjustifiable, as it goes beyond the scope of discretion.

Therefore, prosecutor's assertion is without merit.

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