공무집행방해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (an imprisonment with prison labor for a period of one year and six months, a suspended sentence of two years, a observation of protection and a medical treatment order) is deemed unreasonable.
2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the lower court on the ground that new sentencing materials related to the unfavorable circumstances in the trial are not submitted, and there is no change in the conditions of sentencing compared with the lower court. The reason for sentencing asserted by the prosecutor appears to have been sufficiently considered by the lower court in determining the punishment.
In addition, examining the following conditions of sentencing, such as the Defendant’s age, sexual conduct, environment, background, and circumstances after the commission of the crime, etc., the lower court’s sentence against the Defendant is too unaffortable and unfair as it goes beyond the reasonable scope of discretion.
3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.