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All appeals filed by prosecutors and defendants are dismissed.
Reasons
Summary of Grounds for Appeal
The sentence (one year and six months of imprisonment) of the court below by the public prosecutor is too unhued and unfair.
Defendant
The sentence of the court below is too unreasonable.
Judgment
The crime of this case was committed by the defendant while under the influence of alcohol while driving a motor vehicle, and as a result, it was confirmed from police officers whether it was drunk, the defendant refused to comply with it, and inflicted an injury on police officers who received patrol from the police officers and performed legitimate duties.
Although the Defendant had been sentenced to punishment due to obstruction of performance of official duties, the Defendant committed a drunk driving during the period of repeated crime, and obstructed and injured the police officers' duties while performing legitimate duties, and the method of committing the crime is extremely dangerous, such as continuously shocking two patrols with automobiles.
On the other hand, the following can be considered as circumstances favorable to the defendant: (a) the defendant repents and reflects the defendant's late or late mistake; (b) the degree of injury suffered by the police officers seems not to be serious; and (c) the victim deposited 600,000 won for the victims; and (d) the defendant has been divorced from his spouse and designated as the guardian of his her her her son and child; and (e) the defendant's her mother and her mother have maintained social ties, such as protecting the defendant's her son and her son.
In full view of all the sentencing conditions in the instant case, including the Defendant’s age, character and conduct, environment, motive of crime, and the scope of recommended punishment according to the sentencing guidelines of the Supreme Court Sentencing Committee, the sentence imposed by the lower court is too heavy or too heavy.
Therefore, we cannot accept all the defendant and prosecutor's argument disputing unfair sentencing of the court below.
In conclusion, the appeal by the prosecutor and the defendant is without merit, and Article 364 (4) of the Criminal Procedure Act is not reasonable.