공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.
2. The facts that the crime of this case was committed by assaulting a police officer performing his duties without any special reason are not good enough to be a crime is more favorable to the defendant, but it is more favorable to the defendant that the defendant led to the confession and reflect of the crime of this case, and that the defendant did not have any specific criminal history except for punishment once (criminal penalty) for a crime of this case.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and other various sentencing conditions as shown in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too unfasible and it is not deemed unfair.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.