상해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with labor for one year, two years of suspended sentence, and 40 hours of an order to attend a law-abiding lecture for 160 hours of community service order) of the lower court against the Defendant is too uneasible and unreasonable.
2. The crime of obstruction of the performance of official duties is an offense that causes harm to the function of the State by nullifying a legitimate exercise of public authority, and the defendant is not subject to punishment due to a violation of the Road Traffic Act, and is disadvantageous to the defendant.
However, in full view of the favorable circumstances, such as the fact that the Defendant led to the instant crime, the Defendant’s confession and reflects against the Defendant, the fact that the written agreement was submitted by mutual consent with the victim E (23 years of age), the victim G (23 years of age), and other factors for sentencing stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment against the Defendant is too unjustifiable and unreasonable. Therefore,
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.