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The prosecutor's appeal is dismissed.
Reasons
The sentence of the court below's decision (two years of imprisonment, four years of suspended execution) is too uneasy and unreasonable.
Judgment
The Defendant committed the instant crime by stealing the victim’s wall or credit card and using it for purchasing stolen goods with a stolen credit card, etc., and committed the robbery, thereby causing injury to P and taking property on the part of the victim.
As such, in light of the fact that the defendant continues to commit the crime and the risk of the method of the crime, it is necessary to punish the defendant accordingly.
However, in light of the fact that the defendant committed the crime of this case in a dynamic and contingent manner under the lack of the ability to discern things or make decisions due to stimulative disorder (the mental appraisal result of the defendant at the court below, the background and method of the crime of this case continuously committed for the remaining five hours, the attitude of the defendant before and after the crime of this case, the attitude of the defendant at the court of first instance, and the attitude of the defendant at the trial court at the trial of this case, it can be recognized that the defendant had the weak ability to discern things or make decisions due to stimulative disorder at the time of each crime of this case, and the jury directly followed the defendant during the trial of the court of first instance recognized that the defendant was in a state of mental and physical weakness due to stimulative disorder at the trial of this case).
The circumstances are favorable to the defendant, such as the fact that the defendant's mistake was divided and reflected late, the victim's damage caused by the crime of this case is relatively minor, and the family members of the defendant clearly expressed the intent of the correction of the defendant, such as the protection and treatment of the defendant.
In addition, the defendant's age, sex, environment, motive and background of crime, means and result of crime, the scope of recommendation according to the sentencing guidelines of the Supreme Court sentencing committee, etc. are shown in this case.