공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
Defendant assaulted police officers in the process of performing their duties.
The damaged police officers were punished for the defendant.
The defendant was sentenced to a fine of KRW 300,000 as a crime of bodily injury in 2010 and was sentenced to a fine of five times for violent crimes.
Circumstances favorable to the defendant shall be as follows:
The defendant is deeply divided into and reflected in the crime of this case.
The defendant seems to have committed the crime of this case contingently while drunk.
The degree of assault by the defendant against damaged police officers is minor.
There is no record of criminal punishment exceeding the fine against the defendant.
In addition to the above circumstances, considering the Defendant’s age, character and conduct, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and pleadings, such as the circumstances after the crime, the lower court’s punishment cannot be deemed unreasonable because it is too uneasible.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.