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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court against the Defendant (six months of imprisonment) is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. The Defendant interfered with the business of the restaurant by force, such as avoiding disturbance in the restaurant operated by the victim C by the victim C, and interfered with police officers’ legitimate performance of official duties by accompanying the police officers on the earth after receiving a report. In light of the content of the crime, the Defendant did not make any effort to recover damage to victims, and the Defendant did not have any record of punishment for the same kind of crime.
However, the circumstances that are favorable to the defendant are also recognized, such as the fact that the defendant made a confession of the crime of this case and reflects the mistake in depth, the fact that the defendant appears to have committed the crime of this case by contingency, and the degree of injury of the victimized police officer is not serious.
On the other hand, under our criminal litigation law taking the trial-oriented principle and the principle of directness, where there exists a unique area of the first instance court's determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court's judgment, and the first instance court's sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable or unfavorable circumstances against the recognized defendant do not constitute a special change of circumstances that could change the sentence of the court below after the sentence of the court below was sentenced, and the defendant's age, sexual behavior, environment, etc. are considered in full view of all the circumstances that form the conditions of sentencing specified in the argument of this case such as the defendant's age, sexual behavior, environment, etc.