공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the penalty (three million won of a fine) declared by the court below against the defendant is too unfilled.
2. The crime of this case committed by the defendant while under the influence of alcohol by committing the crime of this case, such as smuggling of a police officer who is performing legitimate duties, is not such a case that is minor.
However, in full view of the following circumstances: (a) the Defendant is the young age of the 20th century; (b) the Defendant was the first offender; (c) all recognized the instant crime; and (d) reflects his mistake seriously; and (c) the Defendant’s environment, family relations, circumstances leading to the instant crime; and (d) circumstances before and after the instant crime, etc., which are conditions for sentencing indicated in the record, the lower court’s sentence cannot be deemed unreasonable as it is too uneasible
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.