공무집행방해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (public prosecutor) of the lower court's punishment (two years of suspended sentence for six months of imprisonment and two years of probation and alcohol dependence order) shall be too uneased and unreasonable;
2. Determination is an unfavorable circumstance, such as that the Defendant destroyed a prop-supported signboard while under the influence of alcohol without any special reason, and that the instant crime was committed by assaulting a police officer who arrested a flagrant offender and obstructing the performance of official duties, and that the Defendant did not receive a manual from the victimized police officer.
On the other hand, the fact that the defendant reflects the wrong, that the defendant agreed with the victim of the crime of destruction, that it appears to be a contingent crime, that there is no criminal record exceeding the same kind of criminal record or fine after 2006, that the defendant does not have good health, such as receiving medical treatment after alcohol dependence, and that it is difficult to provide family form.
All of the sentencing conditions and the scope of recommendations according to the sentencing guidelines shown in these circumstances and the argument of this case
1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;
2. Scope of recommended sentences according to the sentencing criteria;
(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment
(b) Crimes No. 2 (Determination of Punishment) (Destruction of Property): Damage, etc. [No. 1] Damage, etc. of Property (including Special Punishment): In a case where punishment is not granted (including serious efforts to recover damage), or a case where significant damage has been recovered (in the area of recommendation and the scope of recommended punishment), reduction area, imprisonment with labor for one month or six months;
C. The scope of recommendation according to the standards for handling multiple crimes: In full view of six months to one year (1/2 of the upper limit of crimes No. 1) of imprisonment, the lower court’s punishment cannot be deemed as being too uneasible and unreasonable.
3. As such, 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.