공무집행방해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: (a) under the influence of alcohol, the Defendant damages a reading room fright in the telecom, and the nature of the crime is not good; (b) the obstruction of performance of official duties is an offense that undermines the functions of the State through the legitimate exercise of public authority, and there is a need to punish a police officer who called out upon receiving a report; and (c) in light of the unfavorable circumstances, such as the need to punish him, the punishment by the lower court (three million won of a fine) is too unreasonable.
2. In light of the following circumstances, the lower court appears to have determined the sentence in light of the above circumstances as stated in the Prosecutor’s assertion, and there is no reason to deem that the Defendant had changed the sentencing conditions in the first instance trial to be appropriate, taking into account the following factors: (a) the Defendant’s age, character and conduct, environment, background of the crime, circumstance of the crime, and circumstances after the crime: (b) the Defendant committed all the crimes of this case with no criminal records; and (c) the Defendant has agreed to do so with the victim of the crime of causing property damage; and (d) the Defendant’s age, character and conduct, and agreement with the victim of the crime of causing property damage.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.