공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (for four months of imprisonment and two years of suspended sentence) is too unhued and unfair.
2. The crime of obstructing the performance of official duties is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and thus, requires severe punishment to establish the national legal order and eradicate the light of public authority, and the defendant has been punished as violent crimes several times. However, in full view of the favorable circumstances, such as the fact that the defendant recognized the instant crime and reflects the fact that the defendant has no criminal history exceeding the fine, and other favorable circumstances, such as the defendant’s age, sex behavior, environment, family relationship, motive and circumstance of the instant crime, and all the conditions of sentencing as shown in the records and arguments, such as the circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable.
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 prosecutor's appeal is without merit. It is so decided as per Disposition.