공무집행방해
The prosecutor's appeal is dismissed.
1. The sentence (7 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the punishment in consideration of the type used by the Defendant and the initial offender, and there is no new reason to change the sentence of the lower court in the first instance court.
In addition, when comprehensively taking into account the defendant's age, family relations, circumstances leading to the crime, and circumstances after the crime, etc., the sentence of the court below cannot be deemed to have exceeded the reasonable scope of discretion or to be unfair as it is too low.
3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.