공무집행방해등
The prosecutor's appeal is dismissed.
1. The sentence of the court below against the defendant on the summary of the grounds for appeal (two years of suspended sentence in six months of imprisonment) is too unhutiled and unfair.
2. Obstructing the legitimate exercise of public authority by a judgment is an unfavorable circumstance, such as the fact that the offense itself itself is a criminal with heavy criminal liability, and that the Defendant, while under the influence of alcohol, takes a indecent bath to two police officers in the process of performing official duties, and the crime is extremely poor in terms of the nature of the crime committed while booming or harming the bodily injury.
However, comprehensively taking account of all the conditions of sentencing as shown in the pleadings, including the fact that the defendant led to an offense and is in depth against the defendant, the first offender who has no record of criminal punishment, the fact that the defendant deposited KRW 1 million for the police officer injured, and the age, sex, family environment, etc. of the defendant, the sentence of the court below is within the reasonable discretion.
It can not be seen as an unreasonable degree because it is too unfluened.
3. The prosecutor's appeal of conclusion is without merit and is thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act (Provided, That the "application of the law" of the judgment below is "Article 137 (1) of the Criminal Act" and "Article 137 (1) of the Criminal Act is clear that it is a clerical error in "Article 257 (1) of the Criminal Act (in the case of the relevant criminal facts: point of injury) and Article 136 (1) of the Criminal Act (in the case of interference with the performance of official duties)" and "1. Commercial concurrence: Articles 40 and 50 of the Criminal Act" are "1. Commercial concurrence: Articles 40 and 50 of the Criminal Act (the crime of injury and interference with the performance of official duties, and the punishment provided for the most severe injury).
1. Selection of punishment: The dismissal of punishment shall be made by "the choice of imprisonment", and it shall be corrected ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure;