공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.
2. The act of causing harm to police officers in the course of performing duties, such as the instant crime, is a normal situation unfavorable to the Defendant, which is, undermining the trust of the public authority, requires strict punishment to eradicate the public authority, and the Defendant was sentenced to imprisonment with prison labor for six months on June 2016 and two years on suspension of execution, and the Defendant did not know himself during the suspension of execution, and did not engage in the instant crime again during the suspension of execution, and the fact that there are many criminal record of violence.
However, considering the fact that the defendant recognized the crime of this case, the degree of violence committed by the defendant against the victimized police officer and the degree of interference with his duties, the fact that the defendant agreed with the victimized police officer, and all other conditions of sentencing specified in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, family relationship, motive, and circumstances after the crime, it cannot be deemed unfair because the sentence of the court below is too unfasible and unfair. Thus, the 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 grounds that the appeal is without merit. It is so decided as per Disposition.