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The prosecutor's appeal is dismissed.
Reasons
The gist of the prosecutor's appeal of this case is that the defendant's punishment (two years and six months of imprisonment, three years of suspension of execution, observation of protection, and confiscation) imposed by the court below against the defendant is unfair because it is too unfasible and unfair. The special robbery crime of this case is not good to be committed by taking money by threatening the victim with a knife, which is a deadly weapon, and there is a number of criminal punishment against the defendant.
However, in light of all the sentencing conditions indicated in the argument of this case, including the fact that the defendant made a confession from the investigative agency to commit a crime, the profit gained from a special robbery is less than 5,000 won, and the victim does not want the punishment of the defendant by agreement with the victim, the defendant supports the mother suffering from dementia, and the crime of this case was under the influence of alcohol as in the previous punishment, and the defendant was committed under the influence of alcohol, and efforts to improve the wrong drinking habits by visiting the mental health promotion center for counseling several times, etc., it is not recognized that the sentence imposed by the court below is appropriate, and that it is unfair because it is too unfeasible.
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.