공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (3 million won in penalty) imposed by the court below is too unfased.
2. The crime of this case requires a strict punishment for obstructing the performance of official duties in order to establish public authority and protect legal order. The crime of this case is an assault by two police officers performing official duties under the influence of alcohol by the Defendant, and the nature of the crime is not weak. However, there is no criminal history exceeding the same kind of crime or fine, the Defendant recognizes and reflects a criminal act, and other sentencing conditions indicated in the pleadings, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court cannot be deemed to be unfair because the sentence imposed by the Defendant is too uneasible.
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. It is so decided as per Disposition.