공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.
2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, it is necessary to strictly punish a crime obstructing the performance of official duties.
However, in full view of the following: (a) the Defendant is in profoundly against the Defendant’s mistake; (b) the first offender is a relatively minor degree of assault; and (c) the circumstances leading to the instant crime, the circumstances after the instant crime; (b) the Defendant’s age, sexual behavior, and environment, etc.; and (c) the lower court’s punishment is too unfeasible and unreasonable, and thus, the Prosecutor’s assertion is groundless
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.