공무집행방해
The prosecutor's appeal is dismissed.
1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. The crime of this case is an act of assaulting a police officer dispatched after receiving a report of 112, and the nature of the crime is not good, the State’s legal order and order is established and the public authority is eradicated, the crime of obstructing the performance of official duties like this case needs to be punished strictly. The Defendant did not receive a letter from the victimized police officer, and the Defendant committed the crime of this case even though he had a record of juvenile protective disposition or suspension of indictment due to the same crime.
However, there are favorable circumstances, such as the Defendant’s confession of the instant crime and his depth, the Defendant appears to have reached the instant crime contingent, the Defendant is not subject to criminal punishment due to the same kind of crime, and there is no previous conviction exceeding the fine, the Defendant’s wife complaining of the Defendant’s wife, and the most likely support the wife and the child.
Considering the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive and background leading to the instant crime, its means and consequence, etc., and all of the sentencing conditions indicated in the instant case records and arguments, it cannot be deemed unfair because the sentence imposed by the lower court is uneasible and unfair.
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 prosecutor's appeal is without merit. It is so decided as per Disposition.