모욕등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.
2. Determination of the instant crime is an unfavorable circumstance to the Defendant, such as: (a) a police officer having legitimate execution of duties is insulting; (b) the nature of the crime is not good for the use of violence; (c) a defendant has been punished several times due to a crime related to violence; (d) the damage to the instant crime was not recovered; and (e) the fact that the victim was not
On the other hand, the fact that the defendant reflects his mistake, and that the defendant has no record of punishment exceeding the fine, etc. are favorable to the defendant.
Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem the lower court’s punishment to be too unfortunate and unfair.
Therefore, the prosecutor's above assertion 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.