공무집행방해
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution, two years of probation, observation of protection, and one hundred and twenty hours of community service in April) is deemed to be too uneasy and unfair.
2. The judgment that the defendant has been punished for the same crime is disadvantageous to the defendant.
However, in light of the fact that there is no history of crime exceeding a fine against the defendant, the defendant seems to have committed the crime of this case because he was unable to take the drinking while drinking, the defendant's mistake is recognized and against the defendant, and other circumstances mentioned in the arguments of this case, such as the defendant's age, sex, environment, motive and consequence of the crime, etc., the court below's punishment is too unfeasible and unfair, and thus the prosecutor's assertion is not acceptable.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.