특수공무집행방해치상등
The prosecutor's appeal is dismissed.
1. The circumstances in which the prosecutor asserts that the prosecutor’s decision on the grounds for appeal of the prosecutor is an element of sentencing in this court are already present during the oral proceedings of the court below and considered sufficiently in the sentencing of the court below. There is no particular change in circumstances that are conditions of sentencing after the decision of the court below is made.
In addition, comprehensively taking into account all the factors of sentencing as shown in the argument of this case, such as the Defendant’s age, character and conduct, environment, motive for committing the crime, and circumstances after committing the crime, the sentencing of the court below is too unjustifiable, which is conducted within the reasonable scope of discretion.
The prosecutor’s assertion disputing the propriety of sentencing of the court below is not accepted.
2. The final appeal is dismissed for lack of grounds.
[However, the judgment of the court below is corrected by adding it to the judgment of the court below on the ground that the "Article 40 and Article 50 of the Criminal Code (the punishment on the crime of causing bodily injury resulting from the special obstruction of performance of official duties, the punishment on the crime of causing bodily injury resulting from the special obstruction of official duties against victim F, which is more severe)" was omitted in 13th 13th 13th son of the judgment below.
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