2. In light of the fact that the Defendant had been punished several times due to the same kind of crime, the fact that the nature of the instant crime is not good, etc., that the Defendant recognized the instant crime against the Defendant, or that it reflects the fact that the Defendant recognized the instant crime, that it is in a mental and physical state due to mental disorder, that it is difficult to live as a recipient of basic life, and that other various sentencing conditions such as the Defendant’s character and conduct, the motive of the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment cannot be deemed to be unfair because

Therefore, prosecutor's assertion 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.