공무집행방해
The prosecutor's appeal is dismissed.
1. The sentence imposed by the lower court (six months of imprisonment, one year of suspended execution, and 40 hours of community service order) on the summary of the grounds of appeal is too unhued and unreasonable.
2. The crime of obstructing the performance of official duties requires a more severe punishment to establish public authority and legal order, and the fact that the defendant had been punished for the same crime even in around 2009 is disadvantageous to the defendant.
However, in full view of all the sentencing conditions indicated in the instant pleadings, including the Defendant’s age, sex, environment, family relationship, motive and circumstance after committing the instant crime, etc., it is difficult to view that the sentence imposed by the lower court is too unreasonable, and thus, it is unreasonable to view that the sentence imposed by the lower court is too unreasonable.
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.