공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.
2. The lower court sentenced a fine of KRW 4 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.
Considering that the court’s determination of the sentencing exceeded the reasonable bounds of its discretion in full view of the following factors: (a) the degree of assault, in particular, is relatively minor and the defendant is the primary offender; and (b) the court below’s determination of the sentencing
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
In addition, even if the circumstances and results of the instant crime, the Defendant’s age, sex, environment, etc. are considered after the instant crime, the sentence of the lower court is deemed to be adequate and too unjustifiable and unreasonable.
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.