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. The instant crime is a crime that undermines the function of the State by nullifyinging the legitimate exercise of public authority, and thus requires a corresponding punishment to establish national legal order and eradicate the light view of public authority.
However, the defendant shows the attitude to recognize and reflect the crime of this case, and there is no record of criminal punishment prior to this case.
In addition, comprehensively taking account of the Defendant’s age, sex, environment, motive and background of committing the crime, means and method, circumstances after committing the crime, and all the factors of sentencing as shown in the trial process, the lower court’s punishment is not deemed to have exceeded the scope of reasonable discretion or to be unfair because it is too low.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, 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.