공무집행방해
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (4 million won in penalty) is unreasonable because it is too unfunied.
2. Although the crime of this case is not likely to obstruct the performance of official duties by assaulting two police officers performing official duties, the crime of this case is not deemed to be unfair, considering the following factors: (a) since the Defendant entered the Republic of Korea, he was living without criminal records; (b) he was a contingent crime; and (c) reflects the Defendant’s age, sex, environment, family relationship, motive for the crime, and circumstances after the crime; and (d) the sentencing conditions specified in the records and arguments of this case, such as the Defendant’s age, sexual behavior, family relationship
3. Accordingly, 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.