공무집행방해
The prosecutor's appeal is dismissed.
1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.
2. The crime of this case is an unfavorable circumstance where the Defendant, under the influence of alcohol, committed the crime of this case during the period of repeated crimes after being sentenced to imprisonment with prison labor for one year for the same kind of crime, and the Defendant committed the crime of this case during the period of repeated crimes.
However, it is advantageous to the fact that the defendant led to the confession and reflect of the crime of this case, and that the police officer does not want the punishment of the defendant by agreement with the police officer damaged by the court below, and that the degree of the assault of this case is not severe.
In full view of the above circumstances and other circumstances, including the background of the instant crime, the Defendant’s age, health status, environment, and circumstances after the instant crime, the sentence sentenced by the lower court is too minor.
shall not be deemed to exist.
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.