공무집행방해
The prosecutor's appeal is dismissed.
1. In light of the fact that the crime of obstructing the performance of official duties by a police officer in uniform requires strict punishment in order to establish the prosecutor’s grounds of appeal’s law and order and eradicate the light of the public authority, the sentence of the lower court that sentenced to KRW 2,00,000 is too uneasible and unfair.
2. In full view of all the circumstances alleged in the grounds of appeal, including the fact that the Defendant recognized the mistake, the fact that there is no history of criminal punishment, the fact that the Defendant committed the instant crime by contingency under the influence of alcohol, and the degree and age of the Defendant, sexual conduct, environment, motive and background of the instant crime, degree of damage, and circumstances after the crime, etc., even if considering the circumstances alleged in the grounds of appeal, the lower court’s punishment is too uneasible and unreasonable, and thus, the foregoing assertion is without merit.
3. The appeal by the prosecutor of the 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.