공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence of the lower court (a fine of six million won) is too unhued and unreasonable.
2. Determination
A. According to the records, the lower court determined a punishment in consideration of various sentencing grounds, including the following: (a) the offense was inferior in light of the course and method of the crime; (b) the person who repents and reflects the mistake; (c) the degree of assault is relatively minor; and (d) there is no record of punishment as a same crime; and (c) the person who has no record
B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.
C. Therefore, the argument of unfair sentencing is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.