공무집행방해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (one year and four months of imprisonment, two years of suspended sentence, fine of 600,000 won, probation, and community service order of 200 hours) imposed by the court below is too uneasible and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, there is no particular change in the sentencing conditions compared to the lower court, and even if the grounds for sentencing as indicated in the instant records and pleadings are considered again, the lower court’s sentence is too unfasible, thereby exceeding the reasonable scope of discretion.
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. It is so decided as per Disposition.