공무집행방해
The prosecutor's appeal is dismissed.
1. The gist of the grounds of appeal is as follows: (a) the instant crime committed by the Defendant was committed by assaulting a police officer in the course of performing official duties, and the quality of such crime is inferior; and (b) strict punishment is required for the offense obstructing the performance of official duties in order to establish a legal order; and (c) the punishment (five million won in penalty) imposed by the lower court is too unfasible and unreasonable.
2. In the investigation stage, the Defendant agreed with the victimized police officer, and the victimized police officer wanted to take the Defendant’s seat.
Defendant has no record of punishment for the same kind of crime.
In addition, considering the circumstances asserted by the prosecutor on the grounds of appeal, the lower court’s punishment is too unfasible and unfair, even if considering the various circumstances asserted by the prosecutor on the grounds of appeal, such as the age, sex, environment, motive, means, and consequence of the crime, including favorable or unfavorable circumstances to the Defendant.
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.