공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (for four months of imprisonment, one year of suspended execution, one year of protection observation) is too unhued and unreasonable.
2. The fact that a police officer in the course of performing his duties without any particular reason, the fact that he was punished by an assault is unfavorable to the defendant, or that the defendant is recognized as committing the instant crime, and that there is no record of punishment beyond the fine, is favorable.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and other various sentencing conditions as shown in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too unfasible and it is not deemed unfair.
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.