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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (the suspended sentence of a penalty of three million won) is too unhued and unfair.
2. The Defendant interfered with the performance of official duties, such as taking a bath to a police officer who intends to escape a defendant who was used under the influence of alcohol, and breatheing the cream, etc. In light of the method of the crime, the liability for the crime is not easy.
However, the defendant recognized the crime of this case, is deeply divided, and is hard to prevent recurrence.
The defendant is now being treated as a person eligible for national veterans' compensation because he or she has a good health condition in the elderly and is currently being treated.
Before the instant case, it is an initial crime without any history of criminal punishment, and seems to have reached a somewhat contingent crime of this case.
With the death of the victimized police officer as a serious trial, the injured police officer submitted a written application to the defendant that the injured police officer would take the action against the defendant.
The lower court seems to have determined punishment by comprehensively taking into account the aforementioned various circumstances, Defendant’s character, conduct, environment, and circumstances after the crime.
The sentencing of the lower court is within the reasonable scope of its discretion.
In addition, there is no change in sentencing conditions that can be newly considered in the trial.
Therefore, the sentence imposed by the court below cannot be deemed to be unfair because it is too uneasible.
3. If so, the prosecutor's appeal is without merit and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.