공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (one million won in penalty) is too unhued and unreasonable.
2. The judgment of this case is recognized that the police officers who want to return home to the defendant under the influence of alcohol take a bath, and used violence, with a view to creating a state law and order, and eradicating the light of public power, there is a need to strictize such crime.
However, in full view of all the sentencing conditions indicated in the records of this case, including the Defendant’s age, sexual conduct, environment, circumstances after the crime, etc., the lower court’s punishment is too unfeasible and unfair, and the prosecutor’s assertion is without merit, since it is not acknowledged that the Defendant’s punishment is too unfasible and unfair.
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. It is so decided as per Disposition.