공무집행방해
The prosecutor's appeal is dismissed.
The gist of the reasons for appeal by the prosecutor is that the sentence of the court below which sentenced a fine of KRW 3,00,000 to the defendant is too unfasible and unfair in light of the following: (a) the crime of this case is an obstacle to the performance of official duties by the police officer wearing the uniform uniform; and (b) the case is significant and has been committed by violence against the defendant.
In order to establish a state’s legal order and eradicate the light of the public authority, it is necessary to strictly punish a crime that obstructs the performance of official duties. However, the sentence of the court below is determined by comprehensively taking account of the above necessity and the fact that the degree of assault that the defendant exercised against a police officer is relatively minor, and other various circumstances that form the conditions for sentencing, such as the defendant’s age, sexual behavior, environment, and circumstances after the crime, and thus, it cannot be deemed unfair.
Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.