2. In light of the motive and background leading up to the instant crime, the means and method of the instant crime, the circumstances before and after the instant crime, the Defendant’s age, sexual conduct, occupation, and family relationship, and other circumstances, which are the conditions of sentencing as shown in the arguments and records, such as the fact that the damage from the instant crime was not recovered, but is disadvantageous to the Defendant, such as the fact that the Defendant has no record of being punished for the same kind of crime, etc., the sentence imposed by the lower court cannot be deemed to be unfair because it is too unfeasible.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.