공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unfilled.
2. Interference with the performance of official duties is an unfavorable circumstance, such as the fact that the exercise of legitimate public authority ought to be circumvented and punished as an offense detrimental to the national function.
However, considering various sentencing conditions, such as the Defendant’s age, sex, environment, motive, means and consequence of a crime, degree of damage, circumstance after a crime, etc., the sentence imposed by the lower court is too uneasy and unreasonable.
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.