beta
Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (one year of suspended execution and one hundred and twenty hours of community service in six months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. It is recognized that the circumstances such as the confession of the Defendant to the instant crime and his depth reflects his mistake.
However, the crime of this case was committed by assaulting and threatening a police officer who was dispatched by the defendant after receiving 112 report, thereby obstructing the above police officer's lawful performance of duties concerning the maintenance of order and criminal investigation. In light of the law and contents of the crime, etc., it seems that the crime of this case was considerably poor, and the agreement with the victimized police officer or the restoration of damage could not be properly made up of the crime. The defendant's three times of punishment due to violent crime and the one-time criminal punishment for the crime of this case, and other various sentencing conditions indicated in the arguments of this case, such as the defendant's age, career, character and behavior, environment, motive and circumstance of the crime of this case, method and method of the crime of this case, and the sentence imposed by the court below falls under the basic area of "Obstruction of performance of official duties" of the sentencing guidelines for the crime of obstruction of performance of official duties according to the sentencing guidelines, and thus, the scope of sentencing recommendation is from June to April 1.
In full view of the lower limit, the sentence imposed by the lower court is deemed to be appropriate, and it is not recognized that the sentence imposed by the Defendant is too heavy or unreasonable.
Therefore, we cannot accept all the above arguments of the defendant and prosecutor.
3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.
However, in accordance with Article 25(1) of the Regulations on Criminal Procedure, the "relevant Article" of the 6 lines below the two pages of the judgment of the court below.