공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.
2. The crime of using violence against fire officers, etc. taking emergency patients relief measures, such as the crime of this case, is deemed to impede the establishment of legal order and undermine the authority of the public authority. However, considering the fact that the Defendant recognized the crime of this case, the degree of assault inflicted by the Defendant on police officers is relatively heavy, the Defendant appears to have committed the crime of this case by contingently, and other various circumstances, such as the Defendant’s age, sex, conduct, environment, motive, means and consequence of the crime, etc., which are the conditions of sentencing as shown in the records and arguments, the lower court’s punishment is too unjustifiable and 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 prosecutor's appeal is without merit. It is so decided as per Disposition.