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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the prosecutor by the court below (six months of imprisonment) is too unhued and unfair.
B. The sentence imposed by the Defendant by the lower court is too unreasonable.
2. In addition to the judgment prosecutor and the defendant's unfair argument of sentencing, the court below sentenced the above punishment by taking into account the following favorable circumstances: (a) the defendant, under the influence of alcohol, takes a bath against fire officers; (b) the defendant takes a breath of a fire officer's breath; (c) he was faced with a H, which is a dangerous object; (d) the defendant was sentenced to a suspended sentence for two years on October due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as a driver's assault, etc.); and (e) the defendant again committed each of the crimes of this case even though he was subject to suspended execution after being sentenced to a suspended sentence for two years; and (e) the defendant has a number of violent crimes; (b) the defendant
In addition to the circumstances taken into account by the court below, the fact that the defendant was physically disabled (verteeb) in the second degree shall be considered as favorable to the defendant.
In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.
There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, as the prosecutor asserts, it cannot be deemed unfair because the sentence imposed by the lower court is too uneasible or unreasonable as the Defendant asserts, and thus, the above argument by the prosecutor and the Defendant are without merit.
3. If so, the appeal by the prosecutor and the defendant is examined.