위계공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two months of imprisonment with prison labor and two years of suspended sentence) is too uneased.
2. The crime of this case is deemed to have caused the waste of police administrative power by the police officer, such as making a false report to the crime reporting center at least 22 times or 112 for three days, and the crime of obstruction of performance of official duties is not good. The crime of obstruction of performance of official duties requires strict punishment to establish a legal order.
However, it is necessary to respect the judgment of the court below because there is no change in the conditions of sentencing compared to the court below because new sentencing materials have not been submitted in the court below. The defendant's ability to judge under the influence of alcohol leads to the crime of this case, the defendant does not have any previous conviction beyond the previous and the fine, and other circumstances that form the conditions of sentencing as shown in the records and arguments of this case, including the circumstances after the crime was committed, the character and conduct of the defendant, the environment and age of the defendant, etc., are considered as a whole, and the sentencing of the court below is too unjustifiable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.