공용물건손상등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the penalty (two million won of a fine) imposed by the court below on the defendant is too unhued and unfair.
2. The Defendant, upon receipt of a report, took a bath for the police officer dispatched, and asked the police station to leave the station, and then removed the police station’s sofacing.
In the past, the Defendant has been punished for crimes such as assault, damage to property, obstruction of business, etc., and there is a need to strictly cope with the above crimes committed by police officers in terms of weakening the authority and function of public authority.
Considering these circumstances, the prosecutor's argument that the defendant needs more severe punishment is acceptable.
However, the Defendant appears to have committed the instant crime by contingency while under the influence of alcohol, and it cannot be deemed that the content of the bath or the degree of damage to public goods is serious.
A defendant shall not be subject to criminal punishment exceeding a fine in the past.
In full view of all the circumstances, including these circumstances, including the Defendant’s age, character and conduct, environment, background leading to the instant crime, and circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too uneasible and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit.