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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds of appeal is that the Defendant committed the instant crime by compulsion of a disabled person of Grade III with intellectual disability in light of the following: (a) the nature of the instant crime is poor; (b) the criminal records of the Defendant are examined; and (c) the Defendant committed the instant crime during the period of repeated crime; and (d) the Defendant committed the instant crime during the period of repeated crime, the punishment imposed by the lower court is too unreasonable.
2. Examining the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, criminal records, and the reasons for sentencing of the lower judgment, including favorable or unfavorable circumstances to the Defendant, the lower court’s punishment is too unjustifiable, even in light of various circumstances asserted by the Prosecutor as the grounds for appeal.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.