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 on law enforcement.
A injured person is punished for the defendant.
Circumstances favorable to the defendant shall be as follows:
As a result of the instant crime, the victim was engaged in a hole on the left side and side gate, but the degree of the injury is not much serious.
The defendant is an elementary offender who has no record of criminal punishment.
The defendant suffered from fluent illness on January 15, 2009, after visiting the Chungcheongnam-do University Hospital on January 15, 2009, is receiving two mental and hospital treatment, and taking medicine back.
Defendant appears to have committed the instant crime by contingency.
On January 11, 2017, the Defendant deposited KRW 1 million with the victim as damages, etc. in relation to the instant case.
The defendant is seriously against the defendant.
In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.
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.