공무집행방해
The prosecutor's appeal is dismissed.
1. The determination of the substance of the grounds for appeal (e.g., a fine of four million won) is deemed unfilled;
2. The sentence sentenced by the court below shall not be deemed to exceed the recommended range (one month to eight months of imprisonment) according to the sentencing guidelines set out in the attached Form.
However, the lower court, while recognizing the necessity of severe punishment on the light of public authority, determined the punishment by comprehensively taking account of the following: (a) the agreement with police officers G and the fact that there was no past record of punishment heavier than the suspension of execution.
There is no change in the sentencing conditions in the appellate court.
The determination of the original judgment cannot be respected.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). 3. Conclusion of the Prosecutor’s appeal is without merit.
The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.