공용물건손상등
The prosecutor's appeal is dismissed.
1. The sentence imposed by the lower court (six months of imprisonment, two years of suspended execution, and 80 hours of community service order) on the summary of the grounds of appeal is too unfasible and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance 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). Although the degree of assault inflicted on police officers by the Defendant does not mean that the degree of assault inflicted on police officers would be less severe and damaged on the patrol vehicle, the Defendant was granted a regular counseling treatment to treat the identification of alcohol, and the result of the Defendant’s act is not significant.
The circumstances alleged by the prosecutor on the grounds of appeal are already considered in the sentencing process of the court below, and there is no new change in circumstances that could change the sentence of the court below in the trial.
When comprehensively considering the sentencing conditions, such as the Defendant’s age, living environment, background of the crime, and previous conviction, as shown in the deliberation of the lower court and the lower court, it cannot be deemed that the sentence imposed by the lower court exceeded the reasonable scope of discretion or is unfair because it is too uneasible.
3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.