2. In full view of the facts that the crime of this case is not deemed to have been committed by the Defendant, taking advantage of the trust relationship with the victim, and that there is no criminal record exceeding the same criminal record or fine prior to the instant case, the Defendant has paid the full amount of damages to the victim and has reached an agreement that the victim would not be punished, and other circumstances, such as the Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, as well as new circumstances or special changes in circumstances that may be reflected in the sentencing after the sentence of the lower judgment, are not deemed to be unfair because the sentence imposed by the lower court is too unreasonable.

3. In conclusion, 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.