공무집행방해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal is as follows: (a) in light of the following circumstances: (b) in the instant case, the Defendant committed assault by the police officer, such as the face and body parts of the police officer, who was sent to the Defendant who was under the influence of alcohol, on several occasions, thereby obstructing the performance of official duties; (c) at the same time, the Defendant inflicted an injury upon the police officer in need of six weeks’s treatment; and (d) after the arrest, the crime is very poor as a matter of damaging the police officer’s goods; and (e) there is no effort to recover from damage; and (e) the lower court’s imprisonment (ten months of imprisonment) is deemed unreasonable.
2. In light of the above circumstances in the prosecutor’s assertion, the lower court appears to have determined the sentence by taking into account the following factors: (a) the Defendant committed the instant crime; and (b) the Defendant has not been subject to criminal punishment exceeding the fine, and (c) the Defendant’s age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, etc., the lower court’s punishment is determined to be appropriate within the scope of discretion.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.