Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one month of imprisonment with prison labor and two years of suspended sentence) is deemed to be too uneasy and unfair.
2. The crime of this case is a matter of obstructing the legitimate performance of duties of the first-aid crew members by assaulting the victim's first-aid crew members who want to confirm their personal information, causing injury requiring medical treatment for about two weeks, and thus is not good, the crime of this case is committed even though the defendant had already been subject to criminal punishment four times due to violent crimes, and the defendant committed the crime of this case, and there is a need to strictly punish the crime of obstructing the performance of official duties in order to establish the state's legal order and eradicate the danger of public power.
On the other hand, the fact that the defendant recognized the crime of this case and reflecteds the mistake in depth, the degree of injury suffered by the damaged emergency medical service crew is relatively minor, the defendant deposited 1 million won for the damaged emergency medical service crew, and the defendant's family members and branch members want to dissipate their wife against the defendant is favorable to the defendant.
In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.