The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal is unreasonable. 2. The prosecutor's above assertion disputing this point is not acceptable, in full view of the following circumstances: (a) the defendant did not have any history of crime against the defendant; (b) the defendant was repented in depth; and (c) other circumstances indicated in the argument of this case, including the defendant's age, character and conduct, environment, motive and circumstance of the crime of this case, and circumstances after the crime.

3. According to the conclusion, the prosecutor’s appeal is rejected without holding any pleadings under Article 364(5) of the Criminal Procedure Act.