공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence in four months of imprisonment) is too unhued and unfair.
2. The Defendant’s determination is not against the law by exercising violence against a police officer who is performing legitimate official duties.
After being sentenced to a fine for the same crime, the defendant committed the crime of this case at the same time within ten days.
However, comprehensively taking into account the following circumstances: (a) the degree of assault by the Defendant does not focus on the degree of assault by the Defendant; (b) the Defendant reflects the Defendant’s mistake; and (c) the Defendant did not have any criminal record exceeding the fine; and (d) other factors of sentencing, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (c) the lower court’s judgment exceeded the reasonable bounds of discretion
There are no circumstances such as evaluation or maintenance of it is deemed unfair.
Therefore, the prosecutor's above assertion is without merit, since the court below's punishment is too unfasible.
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.