공무집행방해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (3 million won in penalty) imposed by the court below is too unfased.
2. Obstructing the performance of judgment on official duties requires strict punishment for the establishment of public authority and the protection of legal order, and the crime of this case is disadvantageous to the Defendant, under the influence of alcohol, assaulting social service personnel, avoiding disturbance in the government office, and the nature of the crime is not less weak, and the Defendant has three-time records of violent crimes.
However, in full view of the following facts: (a) the fact that the Defendant recognized the mistake of the Defendant; (b) there is no record of a crime exceeding the punishment or fine imposed on the Defendant for obstructing the performance of official duties; (c) the degree of assault is relatively excessive; and (d) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) all of the sentencing conditions as expressed in the arguments, such as the circumstances after the crime, etc., the Prosecutor’s assertion is rejected.
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 appeal is without merit.