공무집행방해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment, 80 hours of community service, and 40 hours of law-abiding driving) that the court below sentenced is too unfasible and unfair.
2. The offense is not good such as the defendant's refusal to take a drinking test and the defendant's assaulted the police officer who called out and suffered injury.
However, the defendant reflects his fault.
The degree of injury inflicted by the damaged police officer is relatively minor.
It is an initial crime with no record of criminal punishment.
In addition, in full view of the circumstances of the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., as well as the application of sentencing guidelines by the Sentencing Committee, it is not recognized that the lower court’s punishment is too unreasonable, and thus, 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 ground that it is without merit. It is so decided as per Disposition.