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The prosecutor's appeal is dismissed.
Reasons
The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (limited to eight months of imprisonment, two years of suspended sentence, two years of probation, and 120 hours of community service order) is too unfluent and unfair.
However, each of the crimes of this case committed by the Defendant was committed by assaulting the victim on the ground that the victim reported to the police that the Defendant was faced with the care of the neighboring victim D(71). The Defendant obstructed the performance of official duties by assaulting the police officer F and G dispatched upon receiving the above report. In light of the contents, motive, etc. of the crime, the nature of the crime is not good.
In addition, the defendant has a record of being punished several times due to the crime of injury, etc., and is disadvantageous to the defendant.
However, considering the fact that the injured party’s injury requires approximately two weeks of treatment, and the police officers are not in need of particular injury, that the court below orders the defendant to provide community service for a considerable period of time, that the defendant does not have a criminal record exceeding the fine, that the defendant did not have any criminal record, that the defendant recognized the error and reflects the fact, and all other circumstances that are the conditions for the sentencing as indicated in the instant case, the sentencing of the court below is too unjustifiable and unreasonable.
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.