공무집행방해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended sentence, one year probation, and 80 hours of community service order) of the lower court is deemed to be too uneasy and unreasonable;
2. Determination, the crime of obstruction of the performance of official duties requires strict punishment for the establishment of public authority and the protection of legal order, and the defendant has the penalty power imposed for the crime of obstruction of the performance of official duties in 2014, and the degree of obstruction of the performance of official duties is not weak, and the fact that the victim police officer did not receive any tolerance from the victim police officer is disadvantageous to the defendant.
However, comprehensively taking account of the following factors: (a) the Defendant recognized the instant crime; (b) the Defendant committed the crime of interference with business and the crime of causing property damage; (c) the Defendant agreed with the victim of the crime of interference with business and the crime of causing property damage; and (d) the Defendant did not have any penalty power exceeding the fine, which is favorable to the Defendant; and (c) there is no particular change in the sentencing conditions compared with the lower court; and (d) the lower
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.