특수공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (one year of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.
2. The lower court determined that the obstruction of performance of official duties was an unfavorable circumstance to the point that there is a need to severely punish the Defendant for a crime detrimental to the function of the State by nullifyinging the legitimate exercise of public authority, and, on the other hand, determined a sentence against the Defendant by taking account of the favorable circumstances, such as the recognition and reflection of the Defendant’s criminal act, and the absence of
Comprehensively taking account of the conditions of sentencing as shown in the records and arguments, the Prosecutor’s assertion is without merit, since the sentencing of the lower court is not deemed to have exceeded the reasonable scope of discretion.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.