공무집행방해등
The prosecutor's appeal is dismissed.
1. The sentence (7 million won in penalty) declared by the lower court on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. The lower court appears to have sentenced the Defendant to punishment by taking into account the favorable and unfavorable circumstances of the Defendant.
When comprehensively taking into account the motive, circumstances, results, the circumstances after the crime, the defendant's age, sexual conduct, the record of punishment, etc. in the trial of the political party, as well as the matters under the conditions of sentencing, the statutory penalty, the sentencing guidelines, etc., the judgment of the court below exceeded the reasonable bounds of discretion.
There is no special circumstance that it is deemed unfair to maintain the judgment of the court below as it is, nor there is no special circumstance.
Therefore, we cannot accept the prosecutor's sentencing and light argument.
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.