공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal that the court below rendered by the defendant is improper because the punishment (one million won of fine) declared by the court below is too unhued.
2. On July 26, 2013, the Defendant was sentenced to a suspended sentence of five years for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc., in a case where the said judgment became final and conclusive on May 24, 2014, but committed the instant crime, and the obstruction of performance of official duties requires strict punishment on the grounds that the crime of obstruction of performance of official duties is light of legitimate public authority and thus, it is disadvantageous to the Defendant.
However, in full view of the following facts: (a) the Defendant recognized the instant crime; (b) the degree of obstruction of performance of official duties is relatively minor; (c) the application of the sentencing guidelines of the Sentencing Committee (the scope of recommending punishment: between June and April); and (d) the Defendant’s age, character and conduct, environment, and circumstances after the instant crime, etc., the lower court’s punishment is too uneasible and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.