공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.
2. The crime of this case is an unfavorable circumstance to the defendant, such as the fact that the defendant assaulted a police officer who is performing legitimate duties, and that there is no good character of the crime, and that the defendant has been punished once due to a crime of obstructing the performance of official duties.
On the other hand, the circumstances favorable to the defendant include the fact that the defendant's mistake is recognized, that the violence used by the defendant is relatively important, and that the defendant has no record of punishment exceeding the fine.
Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem the lower court’s punishment to be too unfortunate and unfair.
Therefore, the prosecutor's above 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.