공무집행방해
The prosecutor's appeal is dismissed.
1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, there is a need to strictly punish a crime obstructing the performance of official duties, and the fact that the Defendant, who received a report from a public place, takes a bath again to the police officer dispatched, and did assault, is disadvantageous to the Defendant.
The fact that the defendant has no criminal record for the same kind of crime, the degree of assault is relatively minor, and the defendant commits the crime of this case in a state of interest in alcohol contingently, etc. are favorable to the defendant.
The lower court sentenced to a fine of KRW 4 million, taking into account the circumstances unfavorable to the Defendant, favorable to the Defendant, etc.
When comprehensively taking into account the conditions for sentencing and the applicable sentences in the trial, the sentencing judgment of the court below exceeded the reasonable bounds of its discretion.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
In addition, even if the circumstances and results of the instant crime were to be comprehensively considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.
Therefore, 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.