공무집행방해등
The prosecutor's appeal is dismissed.
1. The grounds of appeal (unfair sentencing) is that the remainder of the judgment below's punishment (one year of imprisonment, two years of suspended sentence, and 500,000 won of fine) excluding the fine (violation of the Punishment of Minor Offenses Act) is too uneasible and unfair.
2. According to the arguments and records of the instant case, the lower court appears to have been appropriately determined by fully considering the various sentencing grounds asserted by the prosecutor, and there is no special circumstance to ex post facto change the sentencing.
3. In conclusion, the prosecutor’s appeal is without merit, and the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Provided, That pursuant to Article 25(1) of the Regulation on Criminal Procedure, Article 38(1)2 of the part concerning “the aggravation of concurrent crimes” among “the application of Acts and subordinate statutes” in Article 7 of the Rule on Criminal Procedure is clearly erroneous terms and conditions of “Article 38(1)2 and 38(1)3, so ex officio correction is made.