공무집행방해
The prosecutor's appeal is dismissed.
1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.
2. The crime of this case requires a strict punishment for obstructing the performance of official duties in order to establish public authority and protect legal order. The crime of this case is an assault by two police officers performing official duties under the influence of alcohol by the Defendant, and the nature of the crime is not weak. However, in full view of the fact that the Defendant has no criminal history, the Defendant recognizes and reflects the Defendant’s criminal history, and other sentencing conditions indicated in the pleadings, such as the Defendant’s age, sex and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is too uneasible and unfair.
Therefore, prosecutor's assertion is not accepted.
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.