공무집행방해
The prosecutor's appeal is dismissed.
1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.
2. Obstructing the performance of official duties requires a more severe punishment to establish public authority and legal order. The instant crime committed assaulting a police officer demanding the Defendant to return home to the Republic of Korea, which is not good in terms of the motive and circumstance of the crime, is unfavorable to the Defendant.
However, in full view of all kinds of sentencing conditions, including the Defendant’s character, character, environment, and family relationship, it is difficult to deem that the sentence imposed by the lower court is too uneasy and unfair, considering the fact that the Defendant is still a juvenile, there is no record of punishment for the same kind of crime, and the police officer is likely to be relatively diverse due to the Defendant’s assault.
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.