특수공무집행방해
All appeals by the defendant and the prosecutor are dismissed.
1. On the summary of the reasons for appeal, the defendant asserts that the defendant's punishment of the court below (a prison term of eight months and confiscation) is too unfford, and the prosecutor is too unffored and unfair.
2. It is recognized that there are extenuating circumstances, such as the fact that the Defendant recognized the instant crime and against the mistake, and the fact that the Defendant appears to have committed an accident by drinking.
However, the crime of this case is a threat to a police officer, who was dispatched to the scene after receiving a report as if the Defendant’s threat to gas explosion, and the contents and nature of the crime are not very good. It is necessary to strictly punish the act of obstructing the performance of official duties in order to establish national legal order and eradicate the light view of public authority; the Defendant previously collected a child at the public service center of the police station; and there was a record of being sentenced to a fine of KRW 2 million due to the crime of damaging public goods; and other various circumstances, including the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime, and circumstances before and after the crime, etc., which are the conditions for sentencing, do not seem to be unfair because the sentence of the court below is heavy or unfilled.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.