공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
Defendant assaulted police officers who perform their duties in uniform, thereby damaging the public authority with respect to law enforcement.
Although the Defendant had been sentenced to a fine of KRW 1.5 million due to a crime of interference with the execution of official duties and injury in 2009, the Defendant again committed the instant crime. However, the following favorable circumstances exist for the Defendant:
The Defendant made a confession of all of the crimes of this case and is in profoundly against the Defendant.
The extent of the Defendant’s assault is serious.
It does not appear.
C was the direct victim of the instant case, and C was the Defendant’s wife.
The defendant is supporting his spouse and mother.
In addition, comprehensively taking account of the Defendant’s age, sexual conduct, motive and background of the crime, means and consequence, circumstances after the crime, and the record, all the sentencing conditions indicated in the instant arguments and records, such as the record, etc., the lower court’s punishment is too uneasible and unreasonable.
The prosecutor's assertion is without merit.
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.