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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal: The sentence of the lower court (three years of suspended execution in two years of imprisonment, three years of probation, and probation) that did not sentence an unfair sentencing sentence in light of the following: (a) although the Defendant was able to have the power to impose an unfair sentencing sentence, the possibility of repeating the instant quasi-Robbery crimes, etc. is supposed and the nature of the crime is not very good; and (b) the victims’
2. The court below held that the crime of this case was committed by a third party for the purpose of destroying another's property without any reason, and assaulting a third party for the purpose of evading arrest after larceny, and the crime was committed in light of the circumstances and risk of the crime, and the nature of the crime is not good in light of the crime, and the recovery of damage is not properly performed. The defendant confessions and reflects all the crime, the quasi-Robbery damage was not large, and the victim H does not want the punishment of the defendant, and the defendant has three times of imprisonment or suspended execution. However, since the last crime of this case, the defendant has the power to punish the defendant three times of imprisonment or suspended execution, the recommended punishment range based on the sentencing guidelines is more favorable.
(a) Basic crime: Quasi-Robbery (determination of type), robbery, general standards, general robbery (type 1) (limited to a person specially charged), simple assault and intimidation to evade arrest (subject to recommendation) (subject to punishment), from 1 year and 6 months to 3 years (subject to mitigation);
(b) Concurrent Crimes 1: Crimes of assault (determination of types), violent crimes, assault crimes, general assault (type 3) (no person specially punished) (Scope of recommending punishment). From February to October (Basic Field)
C. The standards for handling multiple crimes: at least one year and six months of imprisonment [the lowest limit of the recommended punishment for basic crimes is considered only because the sentencing criteria are not set, and the punishment was set and the execution was suspended.]
All the decisions of the court below are considered.