공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
There is a need to strictly punish the obstruction of the performance of official duties for the establishment of public authority and the protection of legal order.
The victims have been punished for the defendant.
Circumstances favorable to the defendant shall be as follows:
The Defendant confessions all of the crimes of this case, and is against the law.
The Defendant appears to have committed each of the crimes in this case under the influence of alcohol.
In addition to the punishment of a fine of KRW 1.5 million on May 20, 2016, the Defendant has no record of being punished for violence-related crimes.
The degree of assault against the victims of the defendant is somewhat weak.
The defendant seems to have endeavored to find the victims and teach them.
In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.
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 appeal is without merit. It is so decided as per Disposition.