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The prosecutor's appeal is dismissed.
Reasons
The Prosecutor asserts that the lower court’s sentence against the Defendant is too unfasible and unreasonable on the grounds of the instant appeal.
The crime of this case committed by a criminal defendant who has a lot of records of punishment for an act of violence is not against the nature of the crime of this case committed by a police officer in the course of performing official duties under the influence of alcohol.
However, the degree of damage by police officers or interference with the performance of official duties is relatively important, and there is no record that the defendant has been punished for obstruction of performance of official duties.
In light of the aforementioned circumstances, the sentencing of the lower court is too unjustifiable because it goes beyond the reasonable scope of discretion and is not unreasonable, in full view of the following circumstances: (a) the process and method of the instant crime; (b) the motive and method of the crime; (c) the degree of damage; (d) the history of the punishment; and (c) the age, character and conduct, career, home environment, etc. of the Defendant; and (d) the overall circumstances,
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit.