특수공무집행방해치상등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of suspended sentence for two years of imprisonment, and two hundred hours of community service order) is too uneasy and unreasonable.
2. Each of the instant crimes committed by the Defendant committed a violation of signal and thereby undermining others or causing danger to traffic while escaping, and at the same time starting the vehicle as it is, avoiding the control of police officers demanding a stop of the vehicle, thereby obstructing the legitimate performance of their official duties, and at the same time obstructing the police officers from performing their official duties.
In addition, the defendant's 30 meters away from the police to the vehicle, and there was a risk of serious damage to the police.
On the other hand, the fact that the defendant recognizes his crime as a substitute and reflects it, that the defendant deposited a certain amount to the police officers who suffered damage for the recovery of damage, and that there is no record of criminal punishment, etc. are favorable to the defendant.
In full view of such circumstances and other factors, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee, the Defendant’s sentence is too unfasible and unfair. Thus, the prosecutor’s above assertion is without merit.
3. Accordingly, the prosecutor's appeal is dismissed on the ground that it is without merit.