Punishments (two years of imprisonment, three years of suspended execution, and 80 hours of community service) imposed on the defendant by the court below are too unhutiled and unfair.

Judgment

Considering the fact that the Defendant’s crime of this case committed in response to the police officer’s instructions in order to avoid crackdown while driving an Otoba with a change of devices illegally and causing injury to the victim who is a police officer by driving to the police officer during the course of escape, and the degree of injury suffered by the victim was serious enough to require eight weeks’ medical treatment, the Defendant’s liability for the crime cannot be deemed to be light.

However, in full view of all the sentencing conditions including the defendant's age, family relation, criminal record, character and conduct, occupation, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., the court below's sentence against the defendant is deemed to be too unjustifiable, and thus, the prosecutor's assertion is without merit, since the defendant's punishment against the defendant is deemed to be too unjustifiable.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of reason.