공무집행방해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (two years of suspended sentence for one year of imprisonment and two years of suspended sentence for one year of community service order and 240 hours of community service order) is too uneasible and unfair.
2. The crime of this case committed by the defendant in response to the measurement of drinking, and thus obstructing official duties by inflicting an injury on police officers at the enforcement site and within police teams or assaulting police officers, is not good.
However, the fact that the defendant was a first offender and was detained for two months due to the instant crime, and that he was against his wrongness, that the victimized police officer submitted a written application for coaling who wanted to take the ship on September 2, 2016, and that the defendant has a family-based and social-related relationship with the defendant is favorable to the defendant.
In addition, in full view of various circumstances, such as the Defendant’s age, sex, environment, and circumstances after the crime, etc., the lower court’s sentence cannot be deemed unfair because it is too unfasible and unreasonable.
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.