공무집행방해등
The prosecutor's appeal is dismissed.
1. Sentencing sentencing on the gist of reasons for appeal
2. The lower court determined that the Defendant recognized each of the instant crimes, and that the Defendant would not repeat the instant crime again during the period of detention exceeding three months.
The sentence was imposed in comprehensive consideration of the following factors: (a) the fact that a certain victim police officer deposited money as a principal offender; (b) the fact that the execution of a sentence of imprisonment was suspended; (c) there was two times of criminal punishment suspending the execution of a sentence of imprisonment; (d) the fact that there was no past record of criminal punishment of a fine or heavier; and (e) the fact that there was no past record of criminal punishment of a fine or heavier; and (e) the sentencing conditions such as the defendant’s age, sex, environment, circumstances
The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.
As the prosecutor asserts on the ground of appeal, it is necessary to strictly punish a crime that interferes with the performance of official duties in order to establish a legal order, and it is recognized that the defendant has already been punished two times with violence crimes and has been punished for interference with the performance of official duties, and that the defendant has repeatedly committed each of the crimes of this case.
However, such circumstance alone led to a significant change in sentencing conditions in the trial.
It is difficult to see that the above sentencing is unfair because the sentence of the court below is too unhutiled when comprehensively considering the above sentencing.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.