폭행등
The prosecutor's appeal is dismissed.
1. Of the facts charged in the instant case, the lower court dismissed the prosecution on the charges of assault and obstruction of the performance of official duties, and convicted the public prosecutor, and appealed only on the guilty portion.
The judgment below
Since the dismissal of public prosecution is separated from the failure of both parties to appeal, the scope of inquiry of this court shall be limited to the conviction of the original judgment.
2. The main point of the grounds for appeal is that the lower court’s punishment of KRW 1.5 million (a fine of KRW 1.5 million) is too unhued.
3. The fact that there are many police officers who have been assaulted by the Defendant, and that the degree of assault inflicted by the Defendant to police officers is not easy is disadvantageous to the Defendant.
However, in full view of all kinds of sentencing conditions, such as the fact that the Defendant recognized and reflected the crime, the fact that the Defendant appears to have reached an contingent crime while under the influence of alcohol, and the background and consequence of the crime including the fact that the Defendant has no other force, except twice punishment by a fine for more than 30 years, and the circumstances after the crime, it cannot be deemed that the lower court’s punishment is too uneasible and unreasonable.
4. 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.