재물손괴미수등
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (two months of imprisonment, two years of suspended execution, and eight hours of community service) is deemed too unfasible and unreasonable.
2. In light of the fact that the Defendant attempted to damage the victim’s property and attempted to damage the victim’s property, injured the victims, obstructed the performance of official duties, and stolen the victim’s property, it is necessary to punish the Defendant with strict punishment.
On the other hand, there are extenuating circumstances, such as the fact that the Defendant did not have any particular criminal record, the confession of the crime, and the misunderstanding, and the fact that it is diagnosed as a bipolartic disorder, an influence, etc. and is not good in health conditions.
In addition, considering all sentencing conditions indicated in the instant case, such as Defendant’s age, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is adequate.
3. The appeal by the prosecutor of the conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.