폭행등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and eight hours of social service) is too unfased and unreasonable.
2. The Defendant, upon receipt of a report 112, took a bath for a police officer called up, and booming the breath, committed the instant crime. In light of the circumstances and details leading up to the instant crime, etc., the Defendant committed the instant crime, and even if having been punished for the same crime, repeated the instant crime, etc., is disadvantageous to the Defendant.
However, in full view of the following facts: (a) the Defendant led to the instant crime and committed the instant crime for a period of one month; (b) the Defendant was punished in excess of the fine due to the same kind of crime; and (c) other factors of sentencing as shown in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the instant crime, the lower court’s sentence against the Defendant is too uneasible and unreasonable.
3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.