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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (7 million won in penalty) is too uneasy and unreasonable.
2. The judgment of the Defendant committed the instant crime during the period of repeated crime due to violent crimes, and the act was also destroyed and damaged in the taxi, and thus does not seem to be dangerous. There are good circumstances, such as obstructing the performance of police officers’ duties by making the Defendant able to commit the instant crime after arresting an offender in the act of violence.
However, the fact that the defendant agreed with the victim of property damage by reflecting the mistake, the defendant recognizes the problem of violent behavior at the time of the withdrawal of alcohol and continues to receive mental treatment with the help of his family, etc. can be considered as the circumstances favorable to the defendant.
In addition, in light of all the sentencing conditions, such as the defendant's age, sex, family environment, motive and consequence of the crime, and circumstances after the crime, the sentence of the court below cannot be deemed unfair because it is too unfasible.
Therefore, the prosecutor's improper argument of sentencing is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.