The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is improper because it is too unhued so far as the punishment sentenced by the court below (two years of suspended sentence in the month of imprisonment with prison labor) is sentenced to the defendant

2. In light of the fact that the Defendant had been subject to punishment for the same kind of crime even before committing the instant crime, and that the Defendant remains unrepared due to the instant crime, the Defendant’s liability for the crime is minor.

shall not be required to do so.

However, it is difficult to view the Defendant as planned to commit the instant crime, and it seems that the Defendant’s health status is not good due to his birth in 1952.

Although the defendant committed several crimes prior to the crime of this case, he seems not to have acquired the money in a planned manner, and the amount of damage is so big that the crime of this case was committed during the last twenty years.

subsection (b) of this section.

In full view of these circumstances, there are no special circumstances or changes in circumstances that may be considered newly in sentencing at the appellate court, and all of the sentencing conditions in the records and theories of this case, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., the lower court’s sentencing is too unfasible and does not seem to go beyond the reasonable scope of discretion.

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.