공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.
2. The fact that the police officer, who wears a uniform of judgment, was not guilty of the crime of this case, and that there is no agreement with the victimized police officer, is disadvantageous to the defendant.
On the other hand, the circumstances favorable to the defendant include the fact that the crime of this case occurred by contingency, the fact that the defendant repents and reflects his mistake late, and that the defendant has no record of punishment as a crime of violence or a crime of obstructing the execution of official duties.
In addition to the above circumstances, considering various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, motive and means of crime, the judgment of the court below is deemed appropriate within the reasonable scope of discretion.
Therefore, we cannot accept the prosecutor's unfair argument of sentencing.
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. It is so decided as per Disposition.