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The prosecutor's appeal is dismissed.
Reasons
The summary of the grounds for appeal (the imprisonment of six months, the suspension of execution of two years, and the community service order of 80 hours) of the lower court is too unhued and unreasonable.
2. The instant crime was committed by the Defendant to the victim E, who is a police official, as to whether the Defendant received taxes only;
In order to establish legal order and eradicate the light of the public authority, the victim’s insultd the victim, and the Defendant sent out upon receiving a report that he was frighting at the street, and told the police officer F of the Defendant to take a bath, frighting him to drink, and threatening the police officer G to “unfrighting him,” and interfered with the legitimate execution of duties by threatening the F’s body several times by threatening the police officer’s body, and thereby obstructing the police officer’s legitimate performance of duties. In order to establish legal order and eradicate the light of the public authority, it is necessary to strictly punish the Defendant for committing a crime interfering with the performance of official duties, and the Defendant has a history of criminal disposition at least five times, including three times of violence (before a sentence of imprisonment, one time of imprisonment).
However, the Defendant recognized the instant crime, and the police officer F submitted a written application to the police officer to seek the Defendant.
In addition, taking into account the following circumstances, including the Defendant’s age, gender and environment, motive, means, and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., as well as various conditions for the sentencing specified in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.