공무집행방해
The prosecutor's appeal is dismissed.
1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. Although the crime of this case is not likely to be committed by the Defendant’s act of assaulting the police officer on official duty and obstructing his official duty, considering the following circumstances: (a) the Defendant’s act of assaulted against his mistake; and (b) the Defendant did not have any force of force other than being sentenced to a fine of KRW 300,000 on two occasions due to an act of assault, etc.; and (c) other circumstances, including the Defendant’s age, sexual behavior, environment, motive and background of the crime, means and method of the crime; and (d) the circumstances after the crime, etc., on which the argument and the sentencing indicated in the record of this case are attached, it is not recognized
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.