공무집행방해등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence against the Defendant on the summary of the grounds of appeal (six months of imprisonment, one year of suspended sentence, one year of protection observation, and 80 hours of community service order) is too uneased and unreasonable.
2. Considering that the defendant clearly perceived that he/she was a police officer performing his/her duties in the form of wearing a uniform, but he/she committed an assault against him/her, the fact that the nature of the crime is inferior, and that the police officer inflicted an injury due to the above assault, etc. is disadvantageous to the defendant.
However, in full view of the following: (a) the Defendant recognized his mistake and reflects on the fact that there is no record of the same kind of crime; (b) the degree of injury is not excessive; (c) the deposit of the agreed amount for the recovery of damage; and (d) other various sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sex, family environment, circumstances after the crime, etc., the prosecutor’s assertion is without merit.
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.