공무집행방해
The prosecutor's appeal is dismissed.
1. The prosecutor of the gist of the grounds for appeal asserts that the sentence imposed by the court below (two years of suspended sentence in six months of imprisonment) is too unfluent and unfair.
2. It is recognized that the crime of obstruction of performance of official duties is a crime that undermines the legitimate exercise of public authority, thereby undermining the function of the State.
However, considering the following circumstances: (a) the Defendant recognized his mistake and reflects the fact that he was punished four times due to the violation of the Road Traffic Act in the past; and (b) the fact that there was no record of punishment other than the punishment imposed four times due to the violation of the Road Traffic Act; and (c) there was no special circumstance or circumstance that may newly be considered in the sentencing after the sentence of the lower judgment; and (d) the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime; and (e) the circumstances that form the conditions for sentencing as indicated in the argument and the record
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.