Text
The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for six months of imprisonment) is too unhued and unreasonable.
2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, it is necessary to strictly punish crimes of obstruction of the performance of official duties.
The defendant has been sentenced to a fine on the grounds of the crime of injury, etc. four times.
However, the degree of the assault of this case is relatively minor and the victim police officer agreed to it smoothly.
In addition, there is no criminal conviction or fine exceeding the same criminal record or fine.
In addition, in full view of the circumstances of the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., as well as the application of sentencing guidelines by the Sentencing Committee, it is not recognized that the lower court’s punishment is too unreasonable, and thus, the 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 as it is without merit. It is so decided as per Disposition.