공무집행방해등
The prosecutor's appeal is dismissed.
1. The grounds for appeal (e.g., imprisonment with prison labor for eight months, a suspended sentence of two years, and a community service order of 80 hours) of the lower court are too uneased and unreasonable.
2. Where there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The grounds for unfair sentencing, as asserted by the prosecutor, appears to be the circumstances in which the lower court determined the Defendant’s punishment, and sufficiently considered. There are no circumstances to deem that the lower court changed the sentencing conditions in the appellate trial, and the lower court’s punishment is reasonable within the reasonable scope of discretion, considering the aforementioned sentencing conditions in the lower court.
Therefore, the prosecutor's assertion is not acceptable, since the sentence imposed by the court below is too unjustifiable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.