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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendant committed the instant crime of assaulting a taxi engineer who is driving without weight despite the suspension of the execution of imprisonment due to the crime of obstruction of performance of official duties. Considering the fact that the Defendant is under the suspension of the execution of imprisonment with prison labor due to the crime of obstruction of performance of official duties and that it is necessary to shoulder the compliance consciousness and correct the habit of violence through strict criminal punishment against the Defendant, the punishment of the lower court (fine 2.5 million won) is too unreasonable.
2. Determination
A. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). B.
In light of the above legal principles, the court below sentenced the above punishment to the defendant on the grounds of sentencing as stated in its holding. The circumstances alleged by the prosecutor are already considered in the court below's sentencing, and there are no new sentencing data that could change the sentence of the court below in the court below in light of the form and degree of assault in this case, and the specific risk was relatively high in light of the defendant's age, character, character, environment and family relationship, motive, means and consequence of the crime, and circumstances after the crime, and all the sentencing factors revealed in the records and arguments of this case including the defendant's age, character, environment and family relationship, the defendant did not want punishment against the defendant. In addition, the court below's punishment is judged to be appropriate, and it cannot be deemed unfair because it is too unreasonable.
3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.