공무집행방해
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (3 million won in penalty) is unreasonable because it is too unfilled.
2. As to the crime of this case on board, the crime of this case committed by the defendant after receiving a report at night 112 and obstructing the legitimate execution of duties by a police officer is not good.
In order to establish the law and order of the state and eradicate the awareness of the public authority, it is necessary to strictly punish crimes that interfere with the execution of public duties.
However, the defendant recognizes and reflects the crime.
The degree of assault used by the defendant is not very serious.
The Defendant had no record of crime prior to the instant crime.
In addition, in full view of all other circumstances that serve as the conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, the court below’s sentence cannot be deemed to be unfair because it is too low, and thus, the prosecutor’s improper assertion of sentencing is rejected.
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.