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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds of appeal (e.g., e., e., e., e.
2. In light of the method of the instant crime, the nature of the crime is not good.
However, the Defendant was the first offender with no record of crime, and was used by the victim.
In addition, comprehensively taking account of the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health status, previous conviction, and circumstances after the commission of the crime, the lower court’s punishment is too uneasy and unreasonable.
Therefore, prosecutor's assertion is without merit.
3. As such, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is reasonable.