beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The gist of the prosecutor’s grounds of appeal committed the instant crime against the police officers who harmed neighbors and perform official duties by drinking alcohol without any particular reason. Considering that the Defendant already committed the instant crime against the Defendant, and that there were several criminal records of the same kind of punishment and the suspension of execution, the lower court’s sentence that sentenced the Defendant to imprisonment with prison labor for two years, probation for three years, probation order for 160 hours, community service order for 160 hours, and order to attend a lecture for 80 hours of alcohol treatment is unreasonable.
2. Determination
A. According to the reasoning of the judgment below, the court below considered that each of the crimes of this case committed by the defendant under the influence of alcohol interfere with the defendant's business of driving in a restaurant with no relation with the defendant without any special reason, and interfere with business by paying medical expenses from a hospital with employees and trial expenses due to medical expenses received at the hospital, and thereby interfered with the police officer's business, and thereby, damaged the police officer from the toilet of the police station, and damaged the inside of the toilet, and thus, the nature of the crime is not very good in light of the form of the crime, and there is a history of criminal punishment, including imprisonment, for the same kind of crime, against the defendant.
On the other hand, the court below took into account the following favorable circumstances: (a) the Defendant recognized most of the facts of the crime; (b) agreed with the victims of the crime interfering with the performance of official duties; and (c) the police officers directly damaged by the crime of interference with the performance of official duties; (d) compensated for the repair cost of the damaged public goods; and (e) the fact that the Defendant
In addition, the above sentence was imposed to the defendant by taking account of the circumstances favorable to the defendant's disadvantage.
B. The evidence duly adopted and examined by the court below and the above circumstances acknowledged by the record and the defendant present.