공무집행방해
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (3 million won in penalty) is unreasonable because it is too unfilled.
2. Although the crime of this case is not likely to obstruct the performance of official duties by taking two times the head of the police officer who performed official duties, the defendant's entry into the Republic of Korea without criminal records, contingent crimes, reflects the defendant's age, sex, environment, family relationship, motive for the crime, and circumstances after the crime, etc., the sentence of the court below is too unaffortable and unfair, considering all the conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, family relationship, motive for the crime, etc.
3. Accordingly, 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.