폭력행위등처벌에관한법률위반(공동상해)등
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (two months of imprisonment, two years of suspended execution, and forty hours of community service) is deemed to be too uncomfortable and unfair.
2. Determination
A. In light of the fact that not only the defendant injured and damaged property, but also obstructed the police officer's performance of official duties, it is not good to commit the crime, and that there is a previous case, it is necessary to punish the defendant strictly.
B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant was not subject to a sentence, led to the confession and reflect of the crime, the fact that the Defendant agreed with the victim of the injury and damage to property, and the support for the wife and her children.
In addition, considering all of the sentencing conditions indicated in the instant case, such as Defendant’s age, living environment, motive, details and consequence 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.