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The prosecutor's appeal is dismissed.
Reasons
1. The sentence imposed by the lower court (six months of imprisonment, one year of suspended execution, and one thousand hours of community service order) on the summary of the grounds of appeal is too unfasible and unreasonable.
2. Determination
A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the first deliberation regarding the determination of sentencing, and the fact that the court of appeal ex post facto character of the appellate trial, etc., if there is no change in the conditions of sentencing compared to the first instance trial, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) The instant crime committed by the Defendant was committed by the police officer to interfere with the police officer’s legitimate performance of official duties and to inflict an injury on the police officer, and thus, the crime committed by the injured victim is less than four.
However, these circumstances have already been launched in the proceedings of oral argument by the court below, and there is no special change in circumstances that could change the punishment of the court below after the decision of the court below, and the defendant is in depth against the defendant, and the defendant will not infusing such a mistake again.
In full view of the following factors: (a) there is no history of criminal punishment against the Defendant; (b) there is no history of criminal punishment against the Defendant; (c) the victim and the Defendant agreed smoothly with the victim; and (d) other various sentencing conditions as shown in the records and arguments of this case, including the Defendant’s age, sex, environment, family relationship, motive, circumstance, means and consequence of the crime; and (d) the circumstances after the crime, etc., the sentence of
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.