공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unhued.
2. The Defendant’s crime of obstruction of the performance of official duties in this case requires strict punishment as an offense that undermines the function of the State by nullifying the legitimate exercise of public authority.
However, the defendant has not committed a second offense, reflecting the mistake of crime in depth.
There is no record of criminal punishment for the defendant for the same crime, and the extent of the assault of this case and the obstruction of the performance of official duties is relatively excessive.
In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because the sentence imposed by the court below is too unfortunate.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.