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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months) that the court below sentenced against the defendant is undue.
2. In full view of the following circumstances: (a) the Defendant led to the confession of the instant crime while committing the instant crime; (b) there is no history of criminal punishment exceeding the same kind of crime or fine; (c) the Defendant appears to have been under difficulties in living; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) other circumstances that form the conditions for sentencing as indicated in the instant case, such as the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too una
Therefore, the prosecutor's assertion of unfair 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 ground that it is without merit. It is so decided as per Disposition.