공무집행방해등
Defendant
All appeals by prosecutors are dismissed.
1. The gist of the grounds for appeal argues that with respect to the punishment (a prison term of one year and six months suspended sentence, a community service order of 120 hours, and an order to attend a law-abiding driving course of 40 hours) declared by the court below, the defendant is too unreasonable and unfair, and the prosecutor argues that it is too unreasonable and unfair.
2. The crime of this case was committed on the road side adjacent to the building of this case in order to cause public danger by setting clothes, and further interfere with the performance of official duties by assaulting a police officer dispatched after receiving a fire report, and was charged for the crime of this case and driving under the influence of alcohol without being aware of it. Since the crime of this case is highly likely to cause damage to the public safety and peace such as the life, body, property, etc. of a person without fault, fire prevention is highly necessary. The use of violence against a police officer carrying out legitimate duties is against the state's public authority, and the nature of the crime is not weak. The defendant's use of violence against a police officer carrying out legitimate duties is not easy, and the defendant was committed several times on July 25, 2008 after being detained due to drinking driving, etc., but it was committed only under the influence of alcohol alcohol concentration of 0.192% and also under the influence of drinking driving of this case.
On the other hand, however, the fact that the defendant has committed a crime for the first time in the trial, which led to the misunderstanding, that the damage from the fire of this case has not actually occurred, that the degree of violence that the defendant used to the police officer is not serious, and that there seems to be somewhat contingent, that the defendant has no history of punishment or criminal punishment for the last five years, and that the defendant is the most favorable to the defendant, such as the fact that the defendant has to support two children who are wife and university students.
As above, the defendant is disadvantageous or favorable to the defendant.