공무집행방해
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the Defendant, who had been punished several times due to the same crime related to the same crime as this case, cannot be deemed to be light of the nature of the crime, such as exercising violence against the police officer who performed official duties under the influence of alcohol without being well aware, even though he was in the period of repeated crime. In light of the above, the lower court’s punishment is too uneasible and unreasonable.
2. The court below determined the above punishment against the defendant on the grounds as stated in its reasoning. The circumstances alleged by the prosecutor as a reason for sentencing unfavorable to the court below are deemed to have been sufficiently taken into account when determining the punishment in the court below. In light of the above, the defendant appears to have committed the crime in this case in a net order, and there is no same kind of criminal records, and the degree of violence inflicted on the police officer seems to be relatively minor, it cannot be acknowledged that the judgment of the court below exceeded the reasonable scope of discretion because the judgment of the court below is too weak.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.