공무집행방해
The prosecutor's appeal is dismissed.
1. In light of the summary of the grounds for appeal (unfair sentencing) and the need for strict punishment for a crime interfering with the performance of official duties, etc., the sentence imposed by the lower court (five million won in penalty) is too uneased and unreasonable.
2. The crime of this case is an unfavorable circumstance to the Defendant, inasmuch as the Defendant was unable to perform his duties by exercising a direct force on the body of the police officer dispatched after receiving a report by 112, and the nature of the crime is not good.
However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant has no record of criminal punishment in the Republic of Korea; and (c) the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime; and (d) circumstances that form the conditions for the instant sentencing as indicated in the record, such as the circumstances after the instant crime, etc., the lower court’s punishment is adequate and too unreasonable; and (b) thus, the Prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.