공무집행방해
The prosecutor's appeal is dismissed.
1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.
2. It is recognized that the instant crime was committed by assaulting a police officer who performed official duties and obstructing the performance of official duties, and that there is a need to strictly punish the instant crime in light of the recent situation of public authority.
However, considering the first offender, the Defendant’s mistake in depth, and the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the instant pleadings, such as the circumstances after the commission of the crime, the lower court’s punishment is too uneasible and unreasonable.
Therefore, prosecutor's assertion is without merit.
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.