공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
The Defendant attempted to drive a vehicle again after he was under the influence of alcohol, and assaulted the police officer to regulate it.
Circumstances favorable to the defendant shall be as follows:
The defendant seems to have been driven for the purpose of parking a substitute engineer on the side in order to teach the substitute engineer after the control, and the police officer actively proposed to put the clothes retail of the defendant, thereby committing the crime of this case in a contingent manner.
The degree of the assault of this case is minor.
Defendant has no record of punishment for the same kind of crime.
In addition to the above circumstances, taking into account the character, conduct, career, environment, the background and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, the lower court’s punishment is too uneasible and unreasonable.
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 prosecutor's appeal is without merit. It is so decided as per Disposition.