beta
Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (the imprisonment of eight months, the suspension of the execution of two years, and the community service order of eight hours) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. In our criminal litigation law, which takes the trial-oriented principle and the direct principle, there is no change in the conditions of sentencing compared to the first instance court, and where the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that the Defendant shows an attitude against the recognition of the instant crime, and that the exercise of the type of force against the Defendant’s victimized police officers at the time of the instant crime is relatively heavy.
However, the crime of obstructing the performance of official duties is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and requires punishment corresponding thereto to establish a national legal order and eradicate the light of the public authority. The crime of this case is not good in light of the motive, object, mode of conduct, etc. of the crime as a crime of using violence against a victim police officer dispatched by the defendant upon receiving a report of domestic violence without any particular reason, and it is also recognized that the defendant has a record of being subject to criminal punishment several times of violent crimes.
In full view of the above circumstances and the Defendant’s age, sex, environment, motive and background of the instant crime, means and method, and all the sentencing factors expressed in the instant records and trial process, such as the circumstances after the instant crime was committed, the sentence imposed by the lower court does not seem to have exceeded the reasonable scope of discretion, or be too heavy or unreasonable.
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so ordered.