공무집행방해
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (one year of a suspended sentence of six months, one year of community service, and 80 hours) is too unfluent and unreasonable.
2. It is recognized that the instant crime committed by the Defendant by assaulting a police officer who performed official duties and obstructing the performance of official duties, and that there is a need to strictly punish the Defendant in light of the recent situation of public authority, and that the Defendant has been punished by a fine over up to a hundred thousands due to violent crimes, etc., and that there is a history of punishment
However, considering the following factors: (a) the Defendant led to the confession of the crime, and the Defendant’s mistake is divided into one another; (b) the degree of assault is not severe; (c) the victimized police officer was used as a letter to the injured police officer; and (d) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime; and (c) all of the sentencing conditions specified in the instant pleadings, such as the circumstances after the commission of the crime, the sentence of the lower court is too unaffortable
Therefore, 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.