상해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (one year of suspended sentence for four months of imprisonment, one year of probation, and 40 hours of community service order) declared by the court below is too unhued and unreasonable.
2. Determination of the instant crime is an unfavorable circumstance, such as the following: (a) the instant crime was committed against a police officer in uniform who received a report by domestic violence and received an injury; and (b) the nature of such crime is not good; (c) the public authority and the legal order are to be established; and (d) the Defendant has been punished several times for past violent crimes.
On the other hand, it is more favorable for the defendant to recognize and reflect his mistake properly, the injury suffered by the victim police officer is not severe, the above victim police officer did not punish the defendant, and the defendant did not have any record of punishment for the last ten years.
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.