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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds of appeal (three years of suspended sentence for two years of imprisonment) is too unfluent and unfair.
2. The crime of this case is an act of assaulting a police officer who seeks to drive a Track, which is a dangerous object of the defendant, and arrest the defendant as a flagrant offender, and there is an unfavorable sentencing factor or objective and neutral sentencing factor, such as the fact that the method of crime is very vague and dangerous, and the nature of the crime is bad, and that no agreement has been reached with the victimized police officer.
However, it is also recognized that the favorable sentencing factor or objective and neutral sentencing factor is also acknowledged, such as the confession of all the crimes in this case and reflects the defendant's mistake in depth, the defendant has no criminal records of the same kind or suspended execution, deposit one million won in order to recover the victim's damage caused by a special obstruction of performance of official duties, and the health of the defendant is not good.
In full view of the aforementioned factors of sentencing and sentencing criteria, the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court cannot be deemed to be negligible to the extent that it should be reversed.
Therefore, prosecutor's assertion is without merit.
[Main Grounds for Determination of Punishments] - Crimes of Injury resulting from Special Obstruction of Official Duties: Crimes of Obstruction of Official Duties: Crimes of Obstruction of Official Duties, Crimes of Obstruction of Official Duties, Crimes of Obstruction of Official Duties, Crimes of Obstruction of Official Duties, Crimes of Obstruction of Duties, Type 1 (Bodily Injury resulting from Special Obstruction of Duties), etc. - Main Criteria for Determination of Suspension of Execution: Social Sponsort efforts for recovery of injury (Special Bodily Injury resulting from Obstruction of Duties), Social Sport Relations, Serious Sportness, and There are no criminal records of suspension of Execution or higher, etc. / Crimes of Special Injury resulting from Obstruction of Duties