공무집행방해
The prosecutor's appeal is dismissed.
1. In light of the fact that the crime of obstructing the performance of official duties in the summary of the grounds for appeal (unfair punishment) requires strict punishment, and that the Defendant’s act directly interferes with the exercise of the public authority, such as regulating the driving of drinking alcohol, and the nature of the crime, etc., the sentence (2 million won) that the court below rendered by the court below is too unreasonable.
2. The instant crime committed by the Defendant is an unfavorable circumstance to the Defendant, where the Defendant had exercised a direct force on the body of a police officer who was under the control of drinking driving, thereby obstructing his legitimate performance of official duties.
However, in full view of all the circumstances indicated in the record, including the Defendant’s age, sex, environment, motive and background leading to the instant crime, and circumstances after the commission of the crime, etc., the lower court’s punishment does not seem to be appropriate and too unreasonable, and thus, the Prosecutor’s assertion is without merit. In so doing, 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 prosecutor's appeal is without merit. It is so decided as per Disposition.