공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment, one year of suspended execution, and forty hours of community service order) is too uneased and unreasonable.
2. The instant crime was committed by the Defendant, which committed an assault against a police officer performing official duties, and thus, the nature of the crime is not good.
However, considering all the sentencing conditions, such as the Defendant’s age, sex, environment, motive, means, consequence, and circumstances after the crime, there is no reason to believe that the sentence of the court below is too unfeasible and unfair, in light of the following: (a) the Defendant reflects his mistake; and (b) there is no criminal history against the Defendant; and (c) there are other circumstances favorable to the Defendant.
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.