폭행등
The prosecutor's appeal is dismissed.
1. Of the facts charged against the Defendant, the lower court sentenced the Defendant to dismiss the prosecution regarding the obstruction of performance of official duties, and sentenced the Defendant guilty as to the obstruction of performance of official duties. Since only the prosecutor appealeds against the guilty part of the lower judgment, the dismissal of the prosecution that the Defendant and the prosecutor did not appeal was separated
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. The reasoning of the appeal (e.g., a fine of three million won) by the lower court against the Defendant is too uneased and unreasonable.
3. Considering the fact that the Defendant’s judgment is seriously against the Defendant, and there is no particular criminal history other than twice a fine, and the Defendant’s family relationship and economic environment, etc., the lower court’s sentencing appears to have been reasonably determined by fully considering the various grounds for sentencing alleged by the Prosecutor, including the type of the instant crime and the degree of damage, and there is no special circumstance to change the sentencing ex post facto. Therefore, the Prosecutor’s assertion of unfair sentencing is groundless
4. 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.