The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the court below against the defendant (ten months of imprisonment, two years of probation, two years of probation, two hundred hours of community service, and forty hours of the class of alcohol addiction therapy) is too unhued and unreasonable.

Judgment

In that the defendant has a number of violent crimes, the defendant is subject to strict punishment. However, the defendant has no record of being punished for obstruction of performance of official duties, and there is no record of being sentenced to a fine in addition to a suspended sentence in 2004 and 2007 during the last ten years of violent crimes, and the defendant has a depth of the defendant's mistake, and the defendant has paid damages to police officers who suffered damage by one million won. In full view of the defendant's age, character and behavior, environment, circumstances after the crime and circumstances after the crime, etc., the court below's punishment cannot be deemed to be less that of the defendant's punishment in the records and arguments of this case.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

(However) However, in the application of the law of Section 3 of the judgment of the court below, it is clear that the "Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code from among concurrent crimes" has been omitted. Thus, it is corrected to add it ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.