공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.
2. There is a need to strictly punish a person who interferes with the performance of judgment in order to establish public authority and protect legal order.
However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant recognized his mistake and reflects the fact that there was no past history of criminal punishment for the last ten years, and the age, criminal record, sexual intercourse, occupation, environment, motive and circumstance of the crime, method and method of the crime, and the circumstances after the crime, etc., it does not seem that the sentence of the court below is too unjustifiable and unfair.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, 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.