2. Determination is an unfavorable circumstance that the Defendant was unable to take advantage of the victim, and that the damage caused by the instant crime was not fully recovered.

However, in full view of the following facts: (a) the Defendant’s mistake and reflects; (b) the Defendant deposited KRW 17 million for the recovery of damage; (c) the Defendant has no criminal history in excess of the same kind of crime or fine; and (d) all of the sentencing conditions stated in pleadings, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (c) the circumstances after the crime, etc., the sentence imposed by the lower court is too uneasible and unfair

Therefore, prosecutor's assertion is not accepted.

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.