공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.
2. Although the act of obstructing the performance of official duties should be punished strictly because of the violation of legitimate public authority, the defendant's act of obstructing the performance of official duties should be punished strictly. However, in light of favorable circumstances, such as the fact that the defendant recognized the crime of this case and reflects against the defendant, the defendant is an initial criminal without any criminal history, and the defendant seems to have reached the crime of this case by contingency under the influence of alcohol, and other favorable circumstances, such as the degree of interference with the performance of official duties of this case, and other factors of sentencing as indicated in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, background of the crime of this case, circumstances after the crime, etc., the sentence imposed by the court below
Therefore, 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, and it is so decided as per Disposition.