공무집행방해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) that the sentence imposed by the lower court (an imprisonment for not less than eight months, two years of suspended sentence, 40 hours of sexual assault treatment lectures, 40 hours of alcohol treatment lectures, 120 hours of community service) is too uneasible and unfair.
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 a crime that interferes with the performance of official duties, two times a crime of interference with the performance of official duties, and one time a crime of obscenity of public performance, etc., which is disadvantageous to the Defendant.
However, in full view of the favorable circumstances, such as the fact that all crimes are recognized, the fact that a person committed a crime without self-control due to the existence of alcohol appears to have been committed, and the fact that the detention was held for about two months in the instant case and the time of reflective and self-esteeming, etc., as well as the equity in sentencing with similar similar cases, and other various sentencing conditions, such as the Defendant’s age, sex and behavior, environment, motive, means and consequence of the crime, etc., it is difficult to deem that the lower court’s punishment is too uneasible and unreasonable.
Therefore, the prosecutor's above argument of sentencing is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.