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The prosecutor's appeal is dismissed.
Reasons
Improper sentencing of the summary of reasons for appeal: The sentence of the lower court (3 million won suspension of sentence) is too unhued and unfair.
Judgment
In light of the various circumstances asserted by the prosecutor on the grounds of appeal, such as the content of the instant crime, the lower court’s determination of the sentence for suspension of sentence is somewhat minor.
There is room to view.
However, after comprehensively taking into account the circumstances favorable to the defendant, including the circumstances that the court below rendered the judgment of the court below (the fact that the defendant was against the time to commit the crime in this case, that the defendant was to receive daily allowances from C and that he was to work as a part-time, that the degree of participation is relatively minor, that there was no previous conviction except for the one-time fine, that there was no previous conviction, that the defendant was the most juvenile due to the death and the mother's re-harm, and that he was making it difficult for him to live in an influence and living in an influence environment, which led to the crime in this case, and that he still remains young and has yet to live in good faith), and that the sentencing conditions that can be known by the records are included in the circumstances that are favorable to the defendant, the court below erred by exceeding the discretionary range to reverse the judgment of the court below, in order to give the defendant an opportunity to re-be the defendant.
It does not seem that it does not appear.
The judgment of the court below has an unreasonable reason for the determination of punishment, as alleged by the prosecutor in the grounds of appeal.
shall not be deemed to exist.
Therefore, 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.