공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.
2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, it is necessary to strictly punish a crime obstructing the performance of official duties.
In particular, the degree of the assault of this case is not easy.
However, in full view of the following: (a) the Defendant is seriously against the Defendant’s mistake; and (b) the primary offender who has no record of the crime in this case; and (c) other various sentencing conditions as shown in the argument in this case, such as the background of the crime in this case; (d) the circumstances after the crime; and (e) the Defendant’s age, sexual behavior, and environment, the Prosecutor’s assertion is without merit.
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.