공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the lower court’s judgment and the sentencing of the lower court is not beyond the reasonable scope of discretion, it is desirable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no change in circumstances in matters on which the conditions of sentencing are attached after the sentence of the lower judgment.
Considering the fact that the Defendant was an initial offender with no criminal history, and that the policeF, who was assaulted by the Defendant, expressed his/her intention that the Defendant would not want the punishment of the Defendant in the trial of the Party, the sentencing of the lower court was too unfluent and so on, exceeded the reasonable scope of discretion, even considering the circumstances asserted by the Prosecutor on the grounds of appeal.
subsection (b) of this section.
We do not accept the prosecutor's improper argument of sentencing.
3. The appeal by the prosecutor of the conclusion is without merit and all is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.