공무집행방해
The prosecutor's appeal is dismissed.
1. The sentence (three million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. The lower court determined the Defendant’s punishment by taking account of the following circumstances confirmed through the entire records and the purport of the pleading.
The favorable normal circumstances: ① confession and reflect; ② the degree of violence is minor; ③ the circumstances unfavorable to the absence of the same criminal records: the police officer’s legitimate exercise of duty; the court below’s new sentencing data is not submitted; there is no change in the conditions of sentencing compared with the original judgment; and the judgment of the court below exceeded the reasonable limit of the discretion in full view of other conditions of sentencing and the statutory penalty, etc.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
Therefore, prosecutor's sentencing and warning cannot be accepted.
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.