공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the punishment (3 million won in penalty) declared by the court below.
2. It is true that there is a need for a more strict punishment against the defendant, taking into account the circumstances that a crime of violence committed against police officers performing official duties, such as the instant crime, may interfere with the establishment of legal order and undermine the authority of the public authority.
However, the defendant does not repeat again after recognizing his mistake.
There are many things.
On the other hand, the defendant has no record of being sentenced to suspended sentence or heavier punishment.
In full view of the circumstances unfavorable or favorable to such Defendant and other various sentencing conditions, including the Defendant’s age, sex, environment, family relationship, motive and consequence of the commission of the crime, the sentence of the lower judgment against the Defendant is given within the scope of the court’s discretion in sentencing, and is light to the extent that it is impossible to escape from reversal.
shall not be deemed to exist.
Therefore, the prosecutor's improper argument of sentencing is not accepted.
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.