공무집행방해
The prosecutor's appeal is dismissed.
1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of a fine of KRW 2.5 million imposed by the lower court against the Defendant is too uneasible and unreasonable.
2. In full view of the reasons for sentencing indicated in the records of the instant case, the lower court’s sentencing appears to have been appropriately determined by fully considering the various reasons for sentencing alleged by the prosecutor, and there are no other special circumstances to the extent that the said punishment is modified.
In the end, the prosecutor's improper argument of sentencing is not accepted.
3. As such, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition by the court below (see, e.g., relevant provisions of the Criminal Procedure Act and the choice of punishment for the crime of 1., applicable to the crime, Article 136(1) of the Criminal Act, and the choice of fines (the defendant is the primary offender, and the mistake is recognized, and the relevant police officer wants to take measures due to any contingent crime in the state of detention).
1.Article 40, and Article 50, of the Criminal Code;
1. Since it is apparent that it is a clerical error due to a mistake in the selection of a punishment or of a fine, the ex officio change shall be corrected pursuant to Article 25(1) of the Regulations on Criminal Procedure.