공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (one year of suspended execution in six months of imprisonment and eight hours of community service order) is too unhued and unreasonable.
2. However, despite the fact that the accused was punished for the same kind of crime, the accused assaults a police officer in uniform, and interferes with the performance of official duties, and thus the nature of the crime is not good;
However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and is in profoundly against the Defendant; (b) the Defendant has no record of being sentenced to imprisonment or more severe punishment; and (c) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime; and (b) the lower court’s punishment is deemed unreasonable.
Therefore, the prosecutor's above assertion of unfair sentencing is without merit.
3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.