특수공무집행방해등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence of the lower court (a year of imprisonment, two years of suspended sentence, observation of protection, community service for 160 hours and an order to attend lectures for alcohol treatment for 40 hours) is too uneasy and unreasonable.
2. The Defendant’s crime of interference with the execution of the special official duties of this case is an unfavorable circumstance to the Defendant, with the following: (a) the Defendant’s crime of interference with the performance of official duties of this case is a threat with police officers, and the nature of the crime is not good; and (b) the Defendant has been punished for interference with the performance of official duties in 201.
However, under the premise that the defendant fully recognized the crime of this case and reflected, and that the victim of this case's refusal to leave did not find himself/herself, the defendant expressed his/her intention to punish him/her, and that the defendant does not contact with him/her without finding the victim.
In full view of the various sentencing conditions indicated in the instant pleadings, such as the fact that there is no history of punishment, and that there is no history of punishment for a sentence, etc., that are favorable to the defendant, and there is no other change in the sentencing conditions compared to the original judgment, the lower court’s punishment is too uneasible, and thus, it is not recognized that the prosecutor’
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.