공무집행방해
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
The Defendant assaulted the victim who performed duties by suffering from work uniforms, thereby causing harm to the public authority for law enforcement.
Circumstances favorable to the defendant shall be as follows:
The Defendant is against the truth of the instant crime and sought death from the victim.
The degree of the assault in this case cannot be deemed to be serious.
The defendant seems to have caused the crime of this case by contingency.
In 199, the defendant has no record of punishment other than the fine imposed on the violation of the Road Traffic Act in 199.
The defendant is supporting a mother who is suffering from illness.
In addition, considering the Defendant’s age, character and conduct, motive and background of the offense, means and consequence, circumstances after the offense, crime records, and all of the sentencing conditions indicated in the instant arguments and records, it cannot be deemed unfair because the lower court’s punishment is too uneasible.
The prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.