The defendant's appeal is dismissed.

The lower court dismissed the prosecution on the ground that the victim expressed his/her intention not to have the Defendant punished after instituting the prosecution of this case as to assault against the Defendant among the facts charged against the Defendant.

However, the judgment of the court below on the guilty portion of the judgment below is limited to the portion on which the defendant was pronounced guilty in the judgment of the court below, on the ground of unfair sentencing, and since anyone did not appeal against the dismissed portion, and it becomes final and conclusive

Summary of Grounds for Appeal

The punishment of the court below (eight months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant divided his mistake and reflects his wrong, and that the defendant agreed with the victims, etc. are favorable factors for sentencing.

However, considering the following factors: (a) the Defendant had the same criminal record; (b) the instant crime was committed during the period of probation; (c) the Defendant had been sentenced to a fine twice due to a crime similar to the instant crime committed during the period of probation; and (d) the establishment of legal order and the need to strictly punish the Defendant’s obstruction of performance of official duties in order to eradicate the general public’s view, etc.; and (c) other factors such as the background of the instant crime; (d) the circumstances after the instant crime; (e) the Defendant’s age; (e) the Defendant’s age; and (e) the scope of recommended sentence according to the sentencing guidelines of the Sentencing Commission (6 months to 10 months of imprisonment); and (e) the Defendant’s assertion is not deemed unreasonable because it is too unreasonable for the lower court to have imposed punishment.

4. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.