공무집행방해
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (two months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.
2. Determination
A. The crime of this case is a case of assaulting police officers dispatched by the defendant upon receiving a report of a domestic violence case, and thus obstructing the performance of their official duties, and the defendant’s responsibility is not somewhat weak.
B. On the other hand, there are extenuating circumstances, such as the fact that the Defendant was not sentenced to a sentence, led to a confession and reflects the mistake, and that the Defendant deposited KRW 500,000 for the victimized police officers.
In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, family relation, living environment, background and result of the crime, and circumstances after the crime, the sentence of the lower court is adequate.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.