공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (2.5 million won in penalty) is too unhued and unreasonable.
2. The instant crime is an offense that undermines the function of the State by nullifyinging the legitimate exercise of public authority, and thus requires strict countermeasures to eradicate the light of public authority.
On the other hand, it is favorable for the defendant to recognize and reflect his mistake, to agree with the victimized police officers, and to have no record of criminal punishment in Korea.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too uneasible and thus, cannot be deemed unfair. Therefore, the Prosecutor’s assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.