특수공무집행방해치상등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one and half years of imprisonment with prison labor, and two years of suspended execution) is too uneasy and unreasonable.
2. The Defendant, who demanded a drinking test, proceeded with a police officer who is bound by the vehicle while driving on the vehicle, and suffered an injury by using the police officer on the road floor.
The nature of the crime is not good, and there was a risk of causing serious damage to police officers.
The defendant, even though he had the power to be punished for driving without a license, was driving without a license.
There are a lot of frequency and frequency of driving without licenses.
These points are disadvantageous to the defendant.
No injury suffered by a victim is severe.
The defendants recognize and reflect all crimes.
The defendant scrapped the vehicle and does not repeat the vehicle again.
Defendant’s health is not good for elderly people.
These points are favorable to the defendant.
In addition, considering all of the sentencing conditions as shown in the pleadings, such as the defendant's age, sex, environment, background and result of the crime, the circumstances after the crime, etc., the sentence of the court below is not unfair because it is unblured.
The prosecutor's improper argument in sentencing is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.