공무집행방해
The prosecutor's appeal is dismissed.
1. In light of the summary of the grounds for appeal (unfair sentencing) and the necessity of strict punishment for a crime interfering with the performance of official duties, the gravity of the case, etc., the sentence imposed by the court below (one million won in penalty) is too uneased and unreasonable.
2. The crime of this case is an unfavorable circumstance to the Defendant, inasmuch as the Defendant was unable to perform his duties by exercising a direct force on the body of the police officer dispatched after receiving a report by 112, and the nature of the crime is not good.
However, in full view of all the circumstances that are the conditions for the sentencing of the instant case as indicated in the record, such as the Defendant’s age, sexual conduct, environment, motive and circumstance leading to the instant crime, and circumstances after the commission of the crime, the lower court’s punishment is appropriate and too unreasonable, and thus, 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.