공무집행방해등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (6 months of imprisonment and fine of 300,000 won) on the gist of the grounds of appeal is deemed to be too unhued and unreasonable.
2. However, the Defendant committed each of the crimes of this case during the repeated crime period due to a crime of obstructing the performance of official duties, and the Defendant has three times the record of punishment for obstructing the performance of official duties, and one time the record of punishment for driving under the influence of alcohol and driving without a license, and a number of criminal records of multiple violence.
In addition, the Defendant did not have obtained a driver's license once.
However, the Defendant recognized the facts charged and did not directly assault the police officer. In full view of all the circumstances in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s sentence is unhurd and thus is unreasonable.
3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.