Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
The summary of the grounds for appeal (unfair punishment) of the court below's sentencing (one year and six months of imprisonment) is too unreasonable.
(1) On the contrary, the above sentencing is too unfortunate and unfair.
(A) The lower court determined as follows: (a) under a unfavorable circumstance, the Defendant was subject to suspended sentence due to drinking driving, etc.: (b) the Defendant’s act of causing serious harm to life and body; (c) the Defendant’s act of obstructing the police officer’s legitimate performance of his/her duties; (d) the Defendant had already been sentenced to suspended sentence on three occasions; (e) the Defendant had already been sentenced to suspended sentence due to drinking driving; and (e) the Defendant’s blood alcohol concentration was considerably high by 0.146% at the time of the instant crime; and (b) the Defendant’s act of causing serious harm to the Defendant’s life and body by raising 45 meters or towing the window of driving seat and its windows; and (e) the Defendant’s act of causing serious harm to the public; and (e) the Defendant’s act of causing serious harm not only to the police officer’s legitimate performance of duties, but also to the police officer’s safety; and (e) the Defendant had already been sentenced to suspended sentence on three occasions due to drinking driving.
The sentencing of the lower court appears to have properly taken into account the conditions of sentencing prescribed in Article 51 of the Criminal Act, and there is no change in circumstances that make it possible to separately assess the sentencing conditions of the lower court up to the trial. In full view of all the factors of sentencing, including the Defendant’s age, character and conduct, environment, family relationship, motive for committing the crime, circumstances after committing the crime, etc., the sentencing of the lower court is too heavy as the Defendant’s assertion in light of the Defendant’s act and the degree of responsibility.