공무집행방해등
The prosecutor's appeal is dismissed.
1. The sentence imposed by the lower court (four months of imprisonment, one year of suspended execution, and 40 hours of community service order) on the summary of the grounds of appeal is too unhued and unreasonable.
2. Determination is an unfavorable circumstance to the Defendant that assaults a police officer who was trying to protect the Defendant, who was divingd on the street while under influence of alcohol, and that the police officer inflicted an injury that requires a three-day medical treatment.
On the other hand, the following conditions are favorable.
The crime of this case has been committed by drinking and contingently.
There has been no record of criminal punishment for not less than ten years since around 2005.
Even before around 2005, there is a record of being sentenced five times a fine for violent crimes, but there is no record of obstructing the execution of official duties.
There is no history of punishment heavier than a fine.
The mistake is divided and reflected.
The lower court sentenced the Defendant to a suspended sentence of one year for four months, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.
In full view of the matters on the conditions of sentencing and the applicable sentences in the trial, the sentencing judgment of the court below exceeded the reasonable bounds of its discretion.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
In addition, even if the circumstances and results of the instant crime were to be comprehensively considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.
Therefore, prosecutor's assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.