공무집행방해
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and unreasonable.
2. The crime of obstruction of the performance of official duties is an unfavorable circumstance where the crime of obstruction of the performance of official duties ought to be strictly punished as a crime detrimental to the function of the State.
However, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the Defendant’s crime, degree of damage, and circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too unjustifiable and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.