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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Defendant 1 was under the influence of alcohol at the time of committing the instant robbery, and the mental and physical disorder had weak capacity to discern things or make decisions. (2) The lower court’s sentence of unreasonable sentencing (six years of imprisonment) is too heavy.
B. Prosecutor’s unreasonable sentencing: The lower court’s sentence is too minor.
2. Determination
A. As to the Defendant’s assertion of mental disorder, the lower court also asserted the same purport, and the lower court did not accept the Defendant’s allegation of mental disorder on the grounds stated in its reasoning.
Examining the judgment of the court below in a thorough comparison with the records, the court below's measure that did not accept the defendant's above mental and physical disability is just and acceptable, and it cannot be said that there were any errors.
Therefore, this part of the defendant's assertion is rejected.
B. We examine both parties’ assertion of unfair sentencing on the assertion of unfair sentencing.
The lower court, based on the circumstances favorable to the Defendant revealed in the reasons for sentencing, comprehensively considered various factors of sentencing as shown in the arguments in the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances before and after the crime, determined the Defendant’s punishment within the recommended range of the sentencing guidelines set by the Supreme Court sentencing Committee.
As a result of the Defendant’s motive, cruel method, and serious damage caused by the robbery of this case, the relationship between the victim and the victim who did not take any particular legal measures against the Defendant even after the victim became aware of the Defendant’s criminal act of larceny of his own goods prior to the commission of the crime, and the relationship between trust with the victim who did not take any measures to recover the amount at the request of the Defendant prior to the crime, and the situation where the victim did not take any particular measures to recover the amount and did not receive any compensation from the victim.