업무방해등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (six million won of a fine) against the Defendant as to the summary of the grounds for appeal is unreasonable as it is too unhued.
2. The crime of this case pertains to obstruction of the performance of official duties by a police officer who was dispatched to the scene of a disturbance by taking a bath at the main place, etc., and the head of a police officer who was dispatched to the scene of a 112 report.
The criminal time of interference with the above business is not shorter than one hour and 30 minutes.
These circumstances are disadvantageous to the defendant.
On the other hand, the defendant shows his attitude to confession and reflect the crime of this case.
The defendant does not want to be punished against the defendant under an agreement with the victim of the crime of interference with business.
These circumstances are favorable to the defendant.
In addition, considering the defendant's age, character and conduct, intelligence and environment, relationship between the victim and related persons, motive, means and consequence of the crime, the sentence of the court below is deemed appropriate.
3. According to the conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the prosecutor's appeal of this case is without merit.