2. Comprehensively taking account of the arguments in the instant case and the reasons for sentencing indicated in the record, the lower court appears to have been reasonably determined by fully considering all the circumstances, including the reasons for sentencing asserted by the prosecutor, and no special circumstance exists to the extent that the lower court’s punishment is modified.

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.

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the second 15 of the judgment of the court below shall be amended to "the accused".