공무집행방해
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (one year of suspended sentence for four months of imprisonment, one year of community service order, and 80 hours of community service order) is too unhued and unreasonable.
2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, it is necessary to strictly punish a crime interfering with the performance of official duties.
However, in full view of the following: (a) the Defendant’s primary crime and the mistake against the Defendant; (b) the police officer victimized does not want the Defendant’s punishment; and (c) other various sentencing conditions as shown in the instant argument, including the background of the instant crime; (d) the circumstances after the commission of the crime; and (e) the Defendant’s age, sexual conduct, and environment, the 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.