공무집행방해
The prosecutor's appeal is dismissed.
The gist of the grounds for appeal by the prosecutor is that the sentence of the court below (6 months and 2 years of suspended execution) which sentenced the defendant is too unfasible and unfair in light of the following: (a) the crime of this case was committed by the defendant as a crime obstructing the performance of official duties by the police officer wearing uniform, and the defendant was punished by the suspended execution due to the obstruction of the execution of official duties; and (b) the defendant was punished by the suspended execution.
In addition to the above circumstances asserted by the public prosecutor, in order to establish a state's legal order and eradicate the light of the public authority, it is necessary to strictly punish the crime of obstructing the performance of public duties. However, the degree of assault that the defendant exercised against a police officer is relatively minor.
In full view of all other circumstances that form the conditions for sentencing, such as the Defendant’s age, environment, and family relationship, the sentence of the lower court cannot be deemed unfair because it is too uneasible.
Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.