공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the penalty (three million won of a fine) declared by the court below is too unhued.
2. Determination
A. The court below sentenced the above punishment in consideration of the following: although the crime of obstruction of the performance of official duties of this case is not light, the defendant's confession of the crime of this case, there was no record of punishment heavier than that of the same kind of power or fine, and there was an agreement with the police officer that caused the obstruction of the performance of official duties.
B. Since the crime of obstruction of performance of official duties is likely to disrupt social order maintained by the public authority, such a case is not weak, and it is necessary to immediately punish the public authority and the social discipline in order to create a social atmosphere in which the law and principles are observed.
Furthermore, there is a high possibility of criticism in that the defendant exercised the direct force against the damaged police officers who wear the uniform.
However, in the case of this case, the court below did not find any circumstance that the judgment of the court below is deemed to have exceeded the reasonable limit of discretion or to have maintained it as it is unreasonable, considering favorable circumstances such as the defendant's age, character and behavior, environment, means and consequence of the crime, and all of the sentencing conditions in the pleading and records and arguments including the defendant's age, character and behavior, environment, means and consequence of the crime, etc., as the court below considered above, there exists an agreement between the defendant and the damaged police officer after the occurrence of the case. The defendant reflects the error of the crime of this case, and the defendant has no record of punishment since 197.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Therefore, as asserted by a prosecutor, the lower court’s sentencing cannot be deemed unreasonable as it is so unreasonable to the extent that the lower court ought to be reversed.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.