공무집행방해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) is too uneasyed by the lower court’s sentence against the Defendant (two years of suspended sentence for six months of imprisonment, fine of KRW 600,000,000, observation of protection, 40 hours of mental and psychological therapy, community service work hours of 120 hours).
2. Although the Defendant’s previous records of punishment had reached 12 times and continues to commit a crime, there is a need to strictly punish the Defendant in order to establish public authority, protect legal order, and eradicate public peace and order. There are unfavorable circumstances like the grounds for appeal by the prosecutor.
However, in light of the following circumstances: (a) the Defendant recognized each of the crimes of this case and committed a second offense; (b) the same type of punishment records except for those punished once by probation in 2015, are most minor fines; (c) the Defendant appears to have committed each of the crimes of this case by drinking and contingently; and (d) the degree of damage from each of the crimes of this case is not relatively heavy; and (c) other circumstances favorable or extenuating to the Defendant, such as the Defendant’s age, sex, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., which are conditions for sentencing as shown in the records and arguments, the Defendant’s sentence imposed by the lower court is too uneasy and unfair. Therefore, 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 appeal is without merit. It is so decided as per Disposition.