공무집행방해등
The prosecutor's appeal is dismissed.
1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (five million won in penalty) of the court below is too unhued.
2. We examine the judgment, the agreement with the victim, the fact that the victim was under the influence of alcohol and seems to have reached the crime of this case. The fact that the defendant was faithfully receiving treatment for alcohol addiction, the detention of the defendant seems to cause excessive difficulty to the family members supported by the defendant is a favorable sentencing ground, and the fact that the police officer who has worn the uniform uses violence, and that the crime was committed during the suspension period of execution due to violent crimes is a disadvantageous sentencing ground.
The Prosecutor’s assertion is without merit, on the ground that the lower court’s punishment is reasonable, in full view of the following: (a) the Defendant’s age, sexual conduct, career, family relation, economic situation, background and motive leading up to the commission of an offense; (b) circumstances after the commission of an offense; and (c) other matters regarding the sentencing as indicated in the records and arguments on changes
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. It is so decided as per Disposition.