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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the Defendants (in the case of Defendant A: 2 and June, 4 years of probation, 3 years of probation observation, 200 hours of community service order, 4 years of probation observation, 200 hours of community service order, 3 years of probation observation, 200 hours of community service order, 200 hours of confiscation, 2 years of confiscation, and 3 months of imprisonment) are too unreasonable.
2. The crime of this case was committed by the Defendants with knowledge that the Defendants received large cash and valuables from the father of the victim detained due to the violation of the Act on the Regulation of Similar Receiving Acts, etc., and subsequently planned to act as if they were the victim of the crime, and took care of money and valuables by sharing their roles.
Defendant
A planned and implemented the crime of this case by using the information that he came to know while living together with the victim, and Defendant B performed the role of preparing the criminal tools and attracting Defendant C to commit the crime.
Defendant
C was sentenced to a suspended sentence for special larceny, and was not aware of it during the suspended sentence, and was involved in the crime of this case.
However, both the Defendants recognize the instant crime and reflect in depth, and Defendant A and B did not have any record of criminal punishment.
The money and valuables taken by the Defendants were recovered and returned to the victim, and the victim did not want the punishment of the Defendants.
In full view of such circumstances and other factors of sentencing as the Defendants’ age, sexual conduct, environment, family relationship, motive for committing a crime, means and consequence of a crime, etc., the sentence imposed by the lower court to the Defendants is too uneasy and unreasonable, and thus, the prosecutor’s allegation above is without merit.
3. Accordingly, the prosecutor's appeal is dismissed on the ground that it is without merit.