공무집행방해
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.
2. The Defendant was sentenced to a fine of 5 million won in the year 2009 and a suspended sentence of 2 years in August 2010.
There was no agreement with the victimized police officer.
These circumstances are disadvantageous to the defendant.
On the other hand, the defendant recognized the crime of this case and reflected his mistake.
The defendant appears to have committed the crime of this case in contingency, and the degree of assault committed to the victimized police officer is relatively minor.
These circumstances are favorable to the defendant.
In full view of such circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., as conditions for the sentencing, and the economic situation that the Defendant was faced with, the lower court’s fine is not deemed to be inappropriate because the sentencing of the lower court is too uneasible.
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 groundless.