공무집행방해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (6 million won in penalty) imposed by the court below is too unfased.
2. The crime of this case is acknowledged that the Defendant destroyed another’s property and used a tangible force directly on the body of a police officer dispatched to the scene of damage, and there is a need for strict punishment for obstructing the performance of official duties for the establishment of public authority and the protection of legal order, and the Defendant has a record of having been punished four times or more due to violent crimes.
However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the victim of the damage of property did not want the punishment of the Defendant; (c) the degree of force exercised by the victim police officers is relatively limited; (d) there was no record of criminal punishment after 2010; and (e) other circumstances that are conditions for sentencing, such as the Defendant’s age, sexual conduct; (d) motive, means and consequence of the instant crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is too uneasible and unreasonable.
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.
Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) and Article 189 of the Criminal Procedure Act.