공무집행방해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, 80 hours of community service, and 40 hours of alcohol treatment) that the court below made is too unfased and unreasonable.
2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, it is necessary to strictly punish crimes of obstruction of the performance of official duties.
In addition, the defendant can be punished for violent crimes.
However, in full view of the following facts: (a) the Defendant reflects his mistake; (b) there is no record of punishment exceeding a fine; (c) the background of the instant crime; (d) circumstances after the instant crime; (c) the Defendant’s age, character and conduct; and (d) the application of the sentencing guidelines of the Supreme Court Sentencing Committee, etc., the Prosecutor’s assertion is without merit since the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.