공무집행방해등
The prosecutor's appeal is dismissed.
1. The crime of this case, which is a summary of the grounds for appeal, is deemed unfair in light of the following: (a) the Defendant wears a uniform, insults the police officer dispatched to the reported site, and assaults the police officer; and (b) requires strict punishment against the person who interfered with the performance of official duties in order to establish a legal order; and (c) the punishment (4 million won) imposed by the lower court is too uneasible.
2. The accused does not have any record of criminal punishment, and is able to lead a life in good faith without reoffending in the future by breaking his/her own mistake with depth.
In addition, considering the circumstances surrounding the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., as well as the circumstances favorable or unfavorable to the Defendant, and the reasons for sentencing of the lower judgment on the grounds of appeal, the lower court’s punishment is not determined to have exceeded the reasonable scope of discretion by deeming that the Defendant’s punishment is too unfeasible, even in light of the various circumstances asserted by the Prosecutor on the grounds of appeal.
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.