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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is as follows: The sentence of the lower court’s sentence against the Defendants (five years of suspended sentence, etc. for three years of imprisonment; Defendant B, C, and D two years of suspended sentence; four years of suspended sentence for nine years of imprisonment; Defendant E: Imprisonment with prison labor for two years and six months; four years of suspended sentence for two years and six months of suspended sentence, etc.) is too unreasonable.
2. Determination
A. The instant crime against Defendant A was committed by Defendant A with a deadly weapon in collaboration with Defendant B, C, D, and E, thereby taking advantage of the victim’s N, O, P, and other property owned by Defendant B, jointly with Defendant B, C, and D. In light of the method and content of the instant crime, the nature of the crime was very poor; Defendant A planned and led the instant crime; Defendant A appears to have been committed; Defendant N,O, and P appears to have caused serious fear and apprehension due to the said special robbery.
However, in light of the circumstances favorable to Defendant A, including: (a) the recognition of all of the instant crimes; (b) there is no history of punishment against Defendant A; (c) the victims did not want punishment against Defendant A; and (d) most property damage caused by the instant crimes appears to have been recovered by mutual agreement between the victims and the victims; and (b) other factors such as the Defendant A’s age, sexual conduct, environment, motive and circumstance of the instant crimes; (c) the method and method of the instant crimes; and (d) the sentencing guidelines for the establishment of the Sentencing Committee under Article 51 of the Criminal Act, such as the circumstances after the instant crimes, etc., the lower court cannot be deemed to have exceeded its discretionary power, by taking into account the circumstances favorable to the Defendant A; and (d) the sentencing guidelines established by the Sentencing Committee.
B. The instant crime against Defendant B was committed with Defendant A, C, D, and E taking advantage of the victim N,O, P, and other property owned by Defendant B with a deadly weapon, and stolen the property owned by Defendant A, C, and D in collaboration with Defendant A, C, and D, and the method and content of the crime.