2. In light of the facts that the degree of injury to the victim is not less severe, the defendant is disadvantageous to the defendant, or that the defendant led to confession and reflects against the crime of this case, that the defendant paid KRW 85 million to recover damage to the victim and agreed smoothly with the victim, that the defendant did not have any criminal records exceeding the same criminal records and fines, and that the defendant did not have any criminal records other than the defendant's age, sex behavior, environment, motive, means and consequence of the crime, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime, etc., the court below's punishment against the defendant is too uneasible and unfair. Thus, the prosecutor's improper assertion 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 appeal is without merit. It is so decided as per Disposition.