Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The sentence (5 million won of a fine) imposed on the Defendant by the lower court is excessively unreasonable.

B. The above sentence imposed by the public prosecutor by the court below is too unfortunate and unfair.

2. Determination of unfair sentencing by both parties on the assertion of unfair sentencing, the fact that the defendant is against his mistake while recognizing the facts of the crime, the degree of violence is not limited, and the defendant has no criminal punishment since 1996, etc. are recognized as normal circumstances favorable to the defendant.

However, the crime of this case, however, is recognized as a situation unfavorable to the defendant, in which the defendant assaultss a taxi engineer who was driving without any reason, and assaults a police officer who was in the process of dealing with this case, and the nature of the crime is not less weak in light of the content and method of the crime, the defendant has been punished several times of the crime of the same kind of violence, and there has been no effort to recover damage until now.

In full view of the above circumstances and other circumstances, such as the Defendant’s age, character and conduct, intelligence and environment, motive and background of the instant crime, means and consequence, circumstances after the instant crime, criminal records, and economic circumstances, etc., the sentence imposed by the lower court is deemed to be adequate, too heavy or unreasonable, and thus, the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.