상해등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment [the suspended sentence (three months of imprisonment with prison labor for the suspended sentence) and the duty to observe the protection] is too unhued and unreasonable.
2. The following determination is an unfavorable circumstance to the Defendant.
The Defendant, even before the instant case, was under the influence of alcohol, had been punished by a fine for a crime (violation of the Punishment of Minor Offenses Act) against police officers.
The crime of this case is not a good crime because it interferes with the execution of duties by assaulting a police officer called out after receiving a report while the defendant was under the influence of alcohol, and causes an injury to a police officer.
In order to protect legitimate performance of official duties and establish a sound social order, it is necessary to strictly punish a violation of official duties.
On the other hand, the fact that the defendant reflects his wrong and the victim does not want to punish the defendant is favorable.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.
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.