공무집행방해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment, two million won of fine, and 80 hours of community service order) imposed by the court below on the defendant is too unhued and unreasonable.
2. The judgment of the defendant has already been sentenced to a fine due to the obstruction of performance of official duties, and the crime of obstruction of performance of official duties among the instant cases is recognized as having been obstructed by the defendant's legitimate performance of official duties by the police officer, and there is a heavy need to punish the defendant.
However, it is recognized that there is a family member to support the defendant and there is no criminal conviction, since the defendant fully acknowledges and reflects the crime of this case, the distance of drinking driving is about 50 meters relatively short, and there is no criminal conviction.
In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.