공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.
2. That the degree of assault by a police officer is minor;
It is difficult to see that there is a need to strictly punish a crime that interferes with the performance of official duties in order to establish a state's legal order and eradicate the light of public authority.
On the other hand, the fact that the defendant seems to have committed the crime of this case by contingency while under the influence of alcohol, the fact that the defendant repents the mistake and is against the truth, and that the defendant has no criminal record exceeding the same criminal record or fine, etc. are favorable to the defendant.
In full view of the factors and sentences of the sentencing in this Court, the sentencing of the court below exceeded the reasonable bounds of its discretion, when determining the sentencing.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
In addition, even if the circumstances and results of the instant crime were to be considered after the instant crime, the Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court is deemed to be adequate and too unreasonable.
3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.