2. The lower court determined that the Defendant was guilty of nine times of violence, but determined the sentence by comprehensively taking account of the following circumstances: (a) the Defendant was guilty of nine times of assault; (b) the background leading up to the instant assault; (c) the degree of assault is relatively minor; and (d) the Defendant’s age, sexual conduct, environment, means and consequence of the instant crime; and (c) the sentencing conditions specified in the pleadings, such as the circumstances after the crime.

Such a determination of sentencing by the lower court exceeded the reasonable bounds of its discretion.

There is no change in sentencing conditions that can be deemed unfair to maintain the judgment of the court below as it is in the first instance court. Thus, it cannot be deemed unfair because the sentence imposed by the court below is too uneasible and unfair.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.