공무집행방해등
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (for four months of imprisonment, one year of suspended sentence, and 60 hours of social service) is too uneased and unreasonable.
2. The instant crime committed by the Defendant, while taking a bath to F police officers, was committed on one occasion, and the Defendant dupliced the fat, fats at one time, and fats of police officers G, and obstructed police officers’ legitimate performance of official duties by assaulting the f’s right bucks at one hand, and the f’s right bucks at one hand, etc., which are disadvantageous to the Defendant’s crime.
In addition, in order to establish a law and order and eradicate the danger of public power, it is necessary to strictly punish police officers who wear their uniform to commit crimes that interfere with the performance of public duties.
However, it is advantageous to the fact that the defendant made a confession of the crime of this case late, and reflects his depth about the mistake, that the degree of assault used by the defendant is not much serious, and that the defendant has no record of crime exceeding the same criminal record or fine.
Considering the above circumstances and other various conditions of sentencing as indicated in the records and arguments of this case, including the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s judgment cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain it as it is.
Therefore, the prosecutor's improper argument of sentencing is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.