공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the prosecutor’s assertion of unreasonable sentencing) that the lower court sentenced the Defendant (ten months of imprisonment and two years of suspended execution) is too uneasible and unfair.
2. The judgment of the defendant assaulted the police officer who performed his legitimate official duties, and the nature of the crime is not somewhat weak, and there is a history of punishment for suspension of execution in the same kind of crime in 2002.
However, in full view of the motive and circumstance leading to the instant crime, the degree of assault committed against the police officer, the degree of punishment for the same kind of crime, the ten years have passed since the punishment was imposed on the police officer, and other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the instant crime, the lower court’s punishment against the Defendant 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 as it is without merit. It is so decided as per Disposition.