상해등
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: 6 months of imprisonment, 2 years of suspended sentence, 8 months of imprisonment and 2 years of suspended sentence) is too unfasible and unfair.
2. In order to eliminate the awareness of the legitimate exercise of public authority and establish the legal order, there is a need to impose severe punishment on the crime of interference with the performance of official duties, such as this case, and Defendant B has the record of criminal punishment for the same crime, etc., which is disadvantageous to the Defendants.
However, in full view of all the sentencing conditions, including the Defendants’ age, sex behavior, environment, family relationship, etc., it is difficult to view that the Defendants’ punishment imposed by the lower court is too unfortunate and unfair, in light of the following factors: (a) the Defendants, under the influence of alcohol, used contingent and shock violence to police officers dispatched to the site; (b) the degree of injury of the victimized police officers; (c) Defendant A did not have any record of criminal punishment for the same kind of crime; and (d) the Defendants did not have any record of criminal punishment other than fine so far; and (b) the Defendants did not have any record of criminal punishment so far.
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 appeal is without merit. It is so decided as per Disposition.