공무집행방해
The prosecutor's appeal is dismissed.
1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. The crime of this case is acknowledged that the Defendant assaulted police officers in the course of performing official duties to interfere with the performance of official duties, and that there is a need to strictly punish the Defendant considering the recent light of public power, the degree of the assault is not easy, and the Defendant did not receive a letter for the victimized police officers.
However, considering the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, the sentence of the lower court is too unfasible and unfair, in light of the following: (a) the Defendant led to the confession of the crime; (b) there was no past record of punishment heavier than the fine; and (c) there was no other record of punishment for the same crime; and (d) the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and
Therefore, 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.