특수공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (three years of suspended execution in one year and six months of imprisonment, probation, and lecture attendance order 40 hours, confiscation) is too uneased and unreasonable;
2. Although there are conditions unfavorable to the Defendant, such as the fact that there was a history of punishment several times for the same kind of crime as the judgment, the Defendant was led to confession, and the Defendant did not repeat the crime, and received mental treatment as he did so. The crime in this case appears to have been committed contingently while under the influence of alcohol. In full view of the Defendant’s age, character and conduct, family environment, background of the crime in this case, circumstances before and after the crime, etc., the lower court’s punishment against the Defendant cannot be deemed to be too unjustifiable, and thus, it cannot be deemed that the Defendant’s punishment is too unjustifiable.
3. Accordingly, according to the conclusion, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.