상해등
The prosecutor's appeal is dismissed.
1. The sentence of the lower court (the imprisonment of six months, the suspension of execution of two years, the observation of protection, and the community service order of 200 hours) on the summary of the grounds of appeal is deemed to be too uneasible and unreasonable.
2. Determination is an unfavorable circumstance to the Defendant, such as the following: (a) the Defendant assaulted a taxi engineer who refuses to operate his/her taxi on justifiable grounds to inflict an injury on him/her and interfered with his/her duties; (b) the police officer was threatened during the police investigation; (c) the offender and the nature of the crime is not good; (d) the injury was recovered or did not agree with the victim; and (e) the Defendant has been punished three times for the same crime as the instant injury and obstruction of duties; and (e) the
However, considering all of the circumstances in the records and arguments in the instant case, the lower court’s punishment cannot be deemed unfair because it is too unfasible, given the following factors: (a) the Defendant recognized the instant crime; (b) there is no record of criminal punishment exceeding the fine; and (c) there is no other evidence of criminal punishment; and (b) the Defendant’s age, sex, environment, family relationship, motive for committing the instant crime, and circumstances
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.