재물손괴등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable as it is too unfluent in the form of punishment (4 million won in penalty) declared by the court below.
2. Determination of each of the instant crimes interferes with police officers’ legitimate execution of duties, such as: (a) the Defendant destroyed the back of the taxi b and the cab rate issues; (b) the Defendant spawned down the strings of the taxi on several occasions; (c) the police officers sent out, spawn the brea while taking a bath to the police officer; and (d) putting electricity for police other than those attached to the shoulder on the floor by hand; and (e) interfere with police officers’ legitimate performance of duties; and (e) impairs the utility of goods used by public offices by damaging them.
In addition, it is true that there is a need for a more strict punishment against the defendant, taking into account the circumstances that the crime of violence committed against the police officers performing official duties may hinder the establishment of the law and order and undermine the authority of the public authority.
However, the defendant does not repeat again after recognizing his mistake.
In addition, the defendant's spouse is also trying to protect the defendant's prior position with an active interest in preventing recidivism.
The defendant agreed with the victim of property damage in the investigative agency, and the above victim does not want the punishment of the defendant.
On the other hand, the defendant has no record of punishment.
In full view of the circumstances unfavorable or favorable to such Defendant and other various sentencing conditions, including the Defendant’s age, sex, environment, family relationship, motive and consequence of the commission of the crime, the sentence of the lower judgment against the Defendant is given within the scope of the court’s discretion in sentencing, and is light to the extent that it is impossible to escape from reversal.
shall not be deemed to exist.
Therefore, the prosecutor's improper argument of sentencing is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.