공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.
2. The instant crime committed by the Defendant was committed by assaulting a police officer, who wears his uniform, and the degree of the illegality is not weak.
However, in full view of all the sentencing conditions of the defendant, including age, sex, environment, motive and circumstance of the crime, result, circumstance after the crime, etc., as well as the fact that the defendant has no record of punishment due to the same crime, and there is no record of punishment other than the punishment of a fine once due to drinking driving, and that the defendant's mistake has been divided and reflected later, it does not seem that the court below's sentence is too uneasible and unfair.
Therefore, we cannot accept the prosecutor's unfair argument of sentencing.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.