공무집행방해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the sentence to be suspended (the fine of KRW 3 million) declared by the lower court is too uneasy and unreasonable.
2. The crime of this case is acknowledged that the Defendant interferes with the victim's restaurant business by force, and assaulted the police officer dispatched to the scene after receiving a 112 report to interfere with the performance of official duties, and the crime of this case is grave, the crime is not agreed with the victim, and the victim police officer did not receive a letter.
However, considering the fact that the Defendant was under 71 years of age that his mistake was divided, the primary offender is the Defendant’s character and behavior, environment, motive, means and consequence of each of the instant crimes, and the circumstances after the instant crimes, the lower court’s punishment is too uneasible and unreasonable.
Therefore, prosecutor's assertion 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 grounds that the appeal is without merit. It is so decided as per Disposition.