공무집행방해
The prosecutor's appeal is dismissed.
1. The lower court’s punishment (two million won of a fine) against the Defendant as to the summary of the grounds for appeal is unreasonable as it is too unfasible.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, there is no change in the conditions of sentencing compared to the original judgment on the grounds of unfair sentencing since no particular new sentencing data was submitted in the health class and the trial room. Circumstances for which a prosecutor asserts on the grounds of unfair sentencing are based on the grounds of unfair sentencing are considered to have been reflected in the lower court’s sentencing. In full view of all other circumstances, including the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the lower court’s sentencing does not seem to be unfair because it excessively goes beyond the reasonable scope of discretion.
Therefore, the prosecutor's assertion of unfair sentencing 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 ground that it is without merit. It is so decided as per Disposition.