공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. Summary of grounds for appeal;
A. The defendant's assertion that the court below sentenced the defendant to imprisonment (five months of imprisonment) is too unreasonable.
B. The Prosecutor’s assertion that the Defendant’s above sentence imposed by the lower court is too unfasible and unreasonable.
2. The judgment is favorable to the defendant that the defendant committed a crime and reflects the fact that he deposited KRW 500,00 for the damaged police officer.
The defendant asserts that his previous convictions and three times (including the offense of insulting a police officer), the defendant was sentenced to a suspended sentence for the same crime, and six months have not yet passed since he was sentenced to a suspended sentence for the same crime, and that the defendant again led to this case under the influence of alcohol, and that the defendant was extremely aggressive. However, according to the CCTV image, the circumstance that the defendant showed a considerable aggressive attitude toward a police officer as well as the degree of violence that the defendant used, and that the defendant deposited for the victimized police officer when considering the protected legal interests of the crime of obstructing performance of official duties, the circumstance that the defendant deposited for the victimized police officer is inevitable to be considered in determining the sentencing of this case, and that the defendant received two times of a suspended sentence due to the crime of obstructing performance of official duties, taking into account the favorable circumstances that the defendant was deposited for the victimized police officer, and that the defendant committed a crime of drinking and drinking without being able to refrain from being aware that he had a disease such as alcohol abuse.
In full view of the aforementioned circumstances and the motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing is deemed to be too uneasible and unreasonable.
3. In conclusion, the prosecutor's appeal is reasonable, and it is dismissed in accordance with Article 364 (6) of the Criminal Procedure Act. It is so decided as per Disposition.
An appeal by a prosecutor is with merit.