공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the defendant's punishment (3 million won in penalty) declared by the court below.
2. The crime of this case committed by the Defendant was committed by assaulting the police officers who sanction the Defendant’s riot in a restaurant in the influence of alcohol, thereby obstructing the performance of official duties. Such a crime needs to be strictly punished for a crime detrimental to the State’s function by nullifying a legitimate exercise of public authority.
However, considering the fact that the degree of force used is not very important, the defendant's mistake is recognized and reflected, the defendant has no criminal records of the same kind and suspended execution, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, sex, environment, and circumstances after the crime, the sentence imposed by the court below cannot be deemed to be unfair because it is too uneasible.
Therefore, 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.