공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
The Defendant used violence against police officers who were performing legitimate duties.
Circumstances favorable to the defendant shall be as follows:
The defendant confessions the crime of this case and repents.
The extent of assault exercised by the defendant is minor, and the damaged police officer did not cause an injury.
The defendant seems to have committed the crime of this case in a drunken manner.
The defendant has been sentenced to a fine for a pro rata crime before around 2010, which is somewhat long long ago, and there is no record of punishment thereafter.
In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.
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 prosecutor's appeal is without merit. It is so decided as per Disposition.