공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
The Defendant assaulted the victimized police officer who is performing legitimate duties, thereby obstructing the performance of official duties.
Circumstances favorable to the defendant shall be as follows:
The defendant confessions the crime of this case and repents.
The Defendant appears to have committed the instant crime in contingency under the influence of alcohol.
In the act of the defendant, the damaged police officer did not have any injury.
The defendant has been sentenced to a fine for a pro rata crime before around 201, which is somewhat long long ago, and there is no record of punishment thereafter.
In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.
The prosecutor's assertion is without merit.
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.