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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (two years and six months of imprisonment, and three years of suspended execution) is too unhued and unreasonable.
2. The crime of this case was committed by the Defendant by taking another's property, such as his accomplice, and by using another's driver's license taken by force as seen above, forged an application form, etc. for new purchase in the process of opening a mobile phone, and inducing the Defendant to acquire the mobile phone and to have sexual intercourse with the juvenile against the sexual purchaser, and then, the crime was committed against the attempted attempt by taking out or withdrawing the agreement amount from the private document.
Defendant has been sentenced to the suspended sentence twice due to a crime of violation of the Punishment of Specific Theft, Violence, etc. Act (joint conflict), and the crime of this case is committed during the suspended sentence.
The victims of the crime of violation of the Punishment of Violences, etc. Act (joint conflict) have not received a letter of suspicion from other victims except AD and AE.
On the other hand, the defendant is attempting to commit a crime and is against the wrongness.
The extent of the defendant's participation in the crime of special robbery is relatively minor and the profits acquired by the defendant are not.
In the court below, the agreement is reached after the victim AD and AE paid damages, and the above victims do not want the punishment of the defendant.
The defendant is a youth of 21 years of age, is living together with his parents, and his parents have expressed their intent to do their best to live as normal social members, so social ties are clear.
In full view of all circumstances, including these circumstances, such as the character, conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is deemed to be within the appropriate range of sentence corresponding to the responsibility and is thus unfair.