공무집행방해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal is that the defendant's act of obstructing the performance of official duties against the police officer in the course of driving under the influence of alcohol level of 0.122%, and that the defendant's act of obstructing the performance of official duties against the police officer dispatched after receiving the report, such as flabing and salkeing the bage, etc., needs to be strictly punished in order to publicly announce the public authority of the State and establish the legal order. In light of the above, the sentence of the court below (two months of imprisonment and two years of suspended execution) is too uneasible.
2. In light of the judgment, the above unfavorable circumstances asserted by the prosecutor in the grounds of appeal are deemed to have been sufficiently taken into account when determining the punishment at the court below. The Defendant, except for those sentenced once to a fine due to injury, did not have any specific penalty power, and all of the facts of each of the instant crimes, and the degree of assault is relatively minor, and the degree of assault is also minor, and other factors of sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, environment, background, means and consequence of the crime, circumstance after the crime, etc. are taken into account, it cannot be deemed that the lower court’s sentencing judgment is too unafford and 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 on the ground that it is without merit. It is so decided as per Disposition.