Text
The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The sentence of the court below against the defendant (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unhued and unfair.
Judgment
Although the crime of this case is serious that the police officer interfered with the investigation activities by committing another person, the defendant does not have the same criminal record, and there is no record of punishment more than a suspended sentence within the last 30 years, the defendant's wrong recognition at the court below, and the defendant is divided. In full view of all the sentencing conditions in the records and arguments of this case, including the defendant's age, character and behavior, environment, circumstances after committing the crime, etc., the sentence of the court below cannot be deemed to be somewhat weak.
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.