상해등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
Defendant assaulted police officers who perform their duties in uniform, thereby damaging the public authority with respect to law enforcement.
The Defendant, first of all, inflicted an injury on the victim D by provoking trial expenses, and exercised a direct tangible force on the body of police officers.
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 is the first offender.
The defendant agreed with the victims in the trial, and the victims are not punished.
The defendant seems to have committed each of the crimes of this case in a contingency under the influence of alcohol.
In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.
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 prosecutor's appeal is without merit. It is so decided as per Disposition.