공무집행방해등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment and two years of suspended sentence) on the defendant is too unfasible and unfair.
2. The crime of this case committed by the Defendant by assaulting the police officers, obstructing the legitimate execution of their duties, and at the same time, causing injury to one police officer, and the nature of the crime is not good. The crime obstructing the performance of official duties is a threat to the legitimate exercise of governmental authority by the State and the safety of public officials. Therefore, it is necessary to punish the
In addition, the Defendant committed the instant crime again even though he/she was sentenced to a suspended sentence of two years in the year and June of 2013 due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in 2006, which was sentenced to a fine of one million won and a violation of the Punishment of Violences, etc. Act in 2013.
However, in full view of various circumstances, including the Defendant’s age, environment, sexual conduct, motive for the crime, circumstance before and after the crime, etc., the lower court’s punishment is too uneasible and unfair, in light of the following: (a) the Defendant has led to a person under detention for more than 20 days; (b) the degree of injury of the victim was not limited to the left-hand of three weeks; and (c) the Defendant’s age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime was committed.
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.