상해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two-years of probation, probation, community service, 120 hours of alcohol therapy and violence therapy, each of 40-hours of education) that the court below pronounced is deemed to be too uneasy and unreasonable.
2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, there is a need to strictly punish the crime of obstruction of performance of official duties, the Defendant committed each of the crimes of this case even though there have been several records of punishment including suspended execution due to the same violent crime, and the victimized police officer is a severe punishment against the Defendant. Nevertheless, the Defendant did not agree with the victimized police officer or take particular measures to recover damage until the trial of the party.
On the other hand, there is no record of punishment exceeding a fine for the last ten years, and the defendant is not subject to punishment by agreement with the victim D of the crime of injury.
In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unreasonable.
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.