공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.
2. It is recognized that the instant crime committed by the Defendant, by assaulting a police officer who performed official duties, obstructed the performance of official duties, and that there is a need to strictly punish the Defendant in light of the recent situation of public power, and that the Defendant did not receive a letter from the victimized police officer.
However, in light of the following: (a) the Defendant led to the confession of the crime, and committed a crime in depth; (b) the Defendant did not have any other criminal power except a fine of KRW 1.5 million due to a drunk driving in around 2015; and (c) there was no other history of punishment for the same crime; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (c) all of the sentencing conditions specified in the instant pleadings, such as the circumstances after the commission of the crime, the lower court’s punishment
Therefore, prosecutor's assertion is without merit.
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.