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The prosecutor's appeal is dismissed.
Reasons
The gist of the reasons for appeal by the prosecutor is that the court below's punishment (one year and six months of imprisonment) is too unhued and unreasonable.
In this case, each of the crimes of this case is acknowledged that the defendant is not a police officer, assaults the prosecution investigator, police officer who is performing legitimate duties, and did not use a taxi for a long time by deceiving a taxi engineer in spite of no intent or ability to pay the taxi expenses, and that the crime of this case is bad in the nature of the crime, and the damage caused by the fraud has not been recovered.
However, in light of the fact that the Defendant appears to have committed each of the instant crimes in a state of mental disorder caused by mental illness, etc., the suspension of indictment was imposed for a crime of intrusion upon residence in 2013, and there is no special criminal record except for a suspended sentence in 2014, and other factors of sentencing as indicated in the instant pleadings, such as the Defendant’s age, character and conduct, the background and result of the instant crime, and the circumstances after the instant crime, it is deemed that the lower court’s punishment is too uneasible and unreasonable. Thus, the prosecutor’s assertion is
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.