공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.
2. The instant crime committed by the Defendant was committed by assaulting a police officer wearing a uniform, and the degree of the illegality is not weak.
However, in full view of the following facts: (a) the Defendant’s mistake is divided and against himself; (b) the Defendant has no record of punishment for the same kind of crime; and (c) the Defendant has contingently committed a crime; and (d) other various sentencing conditions, such as the Defendant’s age, sex, environment, motive and circumstance of the crime; (b) the consequences of the crime; and (c) the circumstances after the crime, etc., the sentence imposed by the lower court is too unfeasible and unfair.
Therefore, we cannot accept the prosecutor's unfair argument of sentencing.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.