공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.
2. The determination is based on the following facts: (a) the Defendant assaulted a police officer who properly executes official duties in a state of under the influence of alcohol; and (b) the Defendant’s liability for the crime is not somewhat weak.
However, in full view of the following factors: (a) the Defendant recognized the instant crime, and is against the nature of assault; (b) the degree of assault is not excessive; and (c) there is no criminal history exceeding the fine; and (d) the Defendant’s economic condition, age, character and conduct, environment, circumstances after the Defendant committed the instant crime; and (b) whether the circumstances after the sentence of the lower judgment were changed, etc., the lower court’s punishment appears to be within a reasonable and appropriate scope and cannot be deemed unreasonable.
Therefore, 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 ground that it is without merit.