공무집행방해
The prosecutor's appeal is dismissed.
1. In light of the following: (a) the Defendant committed the instant crime during the period of repeated offense; and (b) the Defendant committed a crime obstructing the performance of official duties against a police officer in uniform in order to establish the state’s legal order and eradicate the light of the public authority, etc., the Defendant’s appeal by the prosecutor is deemed to have committed the instant crime during the period of repeated offense; and (c) there is a need to strictly punish the police officer in breach of his/her duty.
2. In full view of the facts alleged in the grounds of appeal, the lower court’s sentence is too unfasible and unreasonable, considering the following circumstances, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, degree of damage, and circumstances after the crime, etc., the police officers expressed their intent that the Defendant does not want the punishment of the Defendant, and other conditions of all the sentencing as indicated in the instant records and arguments. As such, the foregoing assertion is without merit.
3. The appeal by the prosecutor of the conclusion 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.