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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the reasons for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence for one year of imprisonment and one hundred and sixty hours of community service) is too unhued and unreasonable.
2. In light of the fact that the crime of this case on board is committed by carrying a motor vehicle which is a dangerous object and obstructing the police officer from performing his/her duties, and that the crime of this case is considerably poor in light of the method and contents of the crime, etc., and that if the police officer operates the motor vehicle as it is, it may cause serious danger to the police officer, the result of serious injury or death, and that the defendant has the record of two times of fine and one criminal punishment for suspended sentence due to violent crimes, it is necessary to impose strict liability on the defendant corresponding thereto.
I see that it is.
However, the defendant confessions the crime of this case and reflects his mistake in depth, there is no record of criminal punishment, or criminal punishment heavier than the suspension of execution of the same kind of crime, and deposit KRW 2 million for the above police officer, etc., and all kinds of sentencing conditions shown in the arguments of this case, such as the defendant's age, career, sex, environment, motive and background of the crime, motive and background of the crime, method and method of the crime, the method and result of the crime, etc., and the sentence imposed by the court below pursuant to the sentencing guidelines is the crime of this case as one of the aggravated areas of "constition of the execution of official duties" of the sentencing guidelines for the crime obstructing the execution of official duties (a special aggravated person: a person carrying dangerous objects) and thus, the scope of sentencing is from 1 to 4 years.
In full view of the internal points, the sentence imposed by the court below on the defendant is deemed to be appropriate, and it is not recognized that it is unfair because it is too unfeasible.
Therefore, the prosecutor's above assertion is not accepted.
3. As such, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since it is without merit.