공무집행방해
The prosecutor's appeal is dismissed.
1. In light of the contents of the instant crime committed by the Defendant, who was punished for committing a crime related to violence of the gist of the grounds for appeal, committed an assault against a police officer who was working in the police team while wearing a uniform at the police zone, the nature of the crime is very poor. Considering the necessity, etc. for strict punishment against a person who committed an obstruction of performance of official duties, the sentence of the lower court is too unreasonable.
2. In light of the judgment, the circumstances alleged by the prosecutor in the grounds for appeal are deemed to have been sufficiently taken into account when determining the punishment in the court below. The Defendant did not have any specific penal power except for the punishment imposed twice as a minor fine, and caused the instant crime by accident under the influence of alcohol, but all of the facts of the instant crime were committed, and the fact of the crime was taken by the victimized police officer in depth, and the Defendant’s age, character and conduct, environment, background, means and consequence of the crime, and the circumstances after the crime, etc. are taken into account, it cannot be deemed that the lower court’s sentencing judgment is too unfasible, and thus, exceeded the reasonable scope of discretion.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.