공무집행방해등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (eight million won of a fine) is too unhued and unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
In addition to the punishment of imprisonment with prison labor for a crime of murder in 2001 and the sentence of imprisonment with prison labor for a period of two years and six months, the defendant has the same criminal records as he has been sentenced to a suspended sentence of three times for violent crimes.
On October 22, 2015, the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. on the Punishment of Arrangement of Commercial Sex Acts, Etc., and committed the instant crime on October 30, 2015 during the suspended sentence period after the judgment became final and conclusive.
Circumstances favorable to the defendant shall be as follows:
The Defendant recognized all of the crimes of this case and reflected in the instant case.
The defendant shall not have any criminal records.
The degree of damage suffered by the victims is light.
The defendant agreed to both the victim and the police officer in the crime of causing property damage in an investigative agency.
The Defendant appears to have committed the instant crime by drinking after having divorced from his spouse.
After committing the instant crime, the Defendant continues to attend the hospital to treat alcohol addiction, and shows the intent of improvement.
The defendant is not healthy due to cerebral typhism, etc.
The defendant shall support a woman who has not good health due to urology, etc.
Defendant is engaged in vehicle maintenance business and lives faithfully as members of society.
In addition, considering the Defendant’s age, character and conduct, career, environment, background and consequence of the crime, and all of the sentencing conditions specified in the instant records and pleadings, such as the circumstances after the crime, it cannot be deemed that the lower court’s punishment is too uneasible and unreasonable.
The prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.