공무집행방해
The prosecutor's appeal is dismissed.
1. The court below's punishment (two months of imprisonment, two years of suspended execution, and forty hours of community service) against the defendant in light of the gist of the grounds for appeal is too unfasible.
2. In light of the form, degree, etc. of obstruction of the performance of official duties, the fact that the liability for the crime is not against the defendant is disadvantageous to the defendant.
On the other hand, the fact that the defendant recognized the crime of this case and reflects the mistake, that it is a contingent crime, and that the defendant is more favorable to the defendant that he has no other criminal record than sentenced to a fine once due to the violation of the Road Traffic Act.
In addition, the defendant's age, character and conduct, environment, background and result of the crime of this case, all of the sentencing conditions in this case, such as the circumstances after the crime, and the result of the application of sentencing guidelines by the Sentencing Committee of the Supreme Court [decision of type] 【Obstruction of Performance of Official Duties and Force of Performance of Duties] : Where there are many damaged public officials (the scope of aggravated punishment : 1) : Where there are many damaged public officials (the scope of aggravated punishment : the scope of aggravated punishment : 1 year to 4 years, etc., the defendant's sentence imposed by the court below is deemed to be too unjustifiable
3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.