공무집행방해
The prosecutor's appeal is dismissed.
1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (five million won in penalty) of the court below is too unhued.
2. In full view of the following facts: (a) the judgment was made; (b) the state’s legal order and order are established; (c) there is a need to strictly punish a crime of interference with the performance of official duties; (d) the fact that the defendant is found to have committed a crime during the period of suspension of the execution of official duties due to the obstruction of the performance of official duties; (c) the defendant's mistake is recognized and reflects his mistake; (d) the degree of interference with the performance of official duties is not severe; (e) the police officer does not want the punishment of the defendant; (e) there is no other criminal record except for the above suspended sentence; and (e) other matters concerning the sentencing as indicated in the defendant’s age, sexual behavior, family situation, economic situation, circumstances after the crime; and (e) the records and changes of
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.