특정범죄가중처벌등에관한법률위반(운전자폭행등)등
The prosecutor's appeal is dismissed.
1. The sentence imposed by the court below on the summary of the grounds for appeal (the imprisonment of eight months and the suspension of execution of two years) is too unhued and unfair.
2. The instant crime is an unfavorable circumstance to the Defendant, such as the following: (a) the instant crime was committed by assaulting a taxi driver, taking a bath and assaulting a police officer in uniform; (b) the Defendant was under a suspended sentence of imprisonment due to the same kind of crime; and (c) the Defendant was sentenced to a suspended sentence of imprisonment due to the same crime
However, in full view of various circumstances, including the Defendant’s age, sex, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the lower court’s sentence is too uneasible and unfair, and thus, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.