공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: (a) the Defendant violated traffic regulations while driving a motor vehicle, which led the police officer not to receive penalty points; and (b) made verbal abuse to police officers not complying with this, and threatened the police officer with drinking breath, which would cause a bad motive.
If a person is selected solely on the ground that it is a contingent crime, a misunderstanding perception of the general public about the crime of obstruction of performance of official duties is likely to be difficult.
In full view of these circumstances, the punishment (two million won of fine) imposed by the court below on the defendant is too uneasy and unfair.
2. Examining the Defendant’s age, character, experience, family relationship, environment, motive, means and consequence of the crime, circumstances after the crime, criminal records, and other factors favorable or unfavorable to the Defendant, and the reasons for sentencing of the lower judgment compared to the circumstances indicated in the instant records and arguments, the lower court’s punishment is deemed unreasonable even in light of the circumstances asserted by the Prosecutor as the grounds for appeal.
3. In conclusion, the prosecutor's appeal 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.