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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court against the Defendant (4 months of imprisonment) is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. The circumstances favorable to the defendant are recognized, such as the fact that the defendant led to the confession of the crime of this case and reflects the mistake, and the defendant appears to have committed the crime of this case by controlling his position at the time when the public official in charge was in charge of the crime of this case.
However, the crime of this case was committed by the Defendant who committed an assault, such as salbbbling, salbling, and salbling a public official, thereby obstructing his legitimate performance of official duties. In light of the content of the crime, the criminal liability is heavy, the Defendant did not make any effort to recover the damage of the damaged public official, and the Defendant committed the crime of this case at the same time during the period of suspension of execution due to obstruction of duties, and the Defendant committed the crime of this case at another time during the period of suspension of execution.
On the other hand, in our criminal litigation law taking the principle of court-oriented trials and the principle of directness, where there exists an area unique to the first instance court's sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court's judgment, and the first instance court's sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable or unfavorable circumstances against the recognized defendant do not constitute a special change in circumstances that could change the sentence of the court below after the sentence of the court below was sentenced, and it does not appear that the defendant's punishment against the defendant is too unreasonable or unreasonable because it is too too unreasonable, considering all the circumstances that form the conditions of sentencing specified in the argument of this case, such as the defendant's age, sexual behavior, environment, etc.
3. Conclusion.