폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
The prosecutor's appeal is dismissed.
1. In light of the fact that the main point of the grounds for appeal was used with a lethal weapon, and assaulted by police officers, and thus, the nature of the crime is very heavy and the risk of recidivism is likely to occur, the punishment of the court below (a two years of suspended execution for six months of imprisonment and community service for 80 hours of imprisonment) is too unreasonable.
2. Determination is based on the following circumstances: (a) the Defendant prices the body that the Defendant was drinking against the victim living together and threatened with food knife; (b) the police officer sent out upon receiving a report and expressed his/her desire to do so; and (c) obstruction of performance of official duties is an act of lighting and impairing legitimate public authority; and thus, (d) the Defendant’s act of obstructing performance of official duties requires strict diversification.
However, the crime of this case committed in a state where the Defendant committed an excessive drinking of alcohol that could not easily drink the rest of ordinary food due to the misunderstanding of the victim, and there are circumstances to consider the motive thereof. Above all, considering that the victim D and the misunderstanding of the victim were currently living together, and the above victim filed a written application for a written application claiming the Defendant’s preference, it is reasonable to deem that the conflict that was the background of the crime was resolved smoothly and the risk of re-offending has been significantly reduced. Furthermore, the defendant found the police officer even though the police officer, and the circumstances of the crime have been significantly neglected, and the court below imposed a community service order as sanctions corresponding to the nature of the crime of this case, and taking into account the sentencing conditions in the records, such as the defendant’s age, character and behavior, character and environment, it is reasonable to deem that the sentence of the court below is appropriate.
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.