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. 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 a crime obstructing the performance of official duties.
However, there is a relatively little degree of violence against the defendant's mistake and the degree of violence is not serious.
In addition, one defendant has no record of punishment for the same crime.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed unfair, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.