특수공무집행방해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (one month of imprisonment with prison labor and a fine of 50 million won) is too uneasible and unfair.
2. In light of the fact that there is no change of circumstances after the judgment of the court below, and the sentencing conditions as shown in the records and arguments of this case are compared with the reasons for the sentencing of the court below, the sentence of the court below is too unjustifiable, even considering the circumstances asserted by the prosecutor on the grounds of appeal
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.
4. Of the judgment of the court below in accordance with Article 25 of the Regulation on Criminal Procedure for the Correction of the judgment of the court below, the conduct No. 20 to No. 4 of the judgment of the court below is as follows.
1. Articles 144(1), 136(1) (the point of obstructing the performance of special duties) of the Criminal Act for the crime, and Articles 17-2 and 6-2 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone (the point of refusing to comply with the stopping order);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. "Selection of imprisonment with labor for a crime of obstructing the performance of special duties in selection of punishment;