공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable as the penalty (five million won of a fine) of the lower judgment is too unhued.
2. The fact that the defendant committed the instant crime without being aware of during the period of probation is disadvantageous to the defendant.
However, in full view of the fact that the Defendant is deeply against the instant crime, and the instant crime appears to have been committed by the Defendant under the influence of alcohol, and other matters pertaining to the Defendant’s age, character and conduct, environment, background and motive leading to the instant crime, and other factors pertaining to the sentencing as indicated in the records and arguments, the lower judgment’s punishment is too uneasible and unreasonable. Thus, the Prosecutor’s assertion of unfair sentencing 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 ground that it is without merit. It is so decided as per Disposition.