공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (the imprisonment of eight months and the suspension of execution of two years) is too unhued and unfair.
2. The Defendant, even though having been punished for the same crime, took a bath to the police officer in uniform and took violence.
It is also acceptable to the prosecutor's argument that such an act not only interferes with the police officer's duty to maintain the order, but also can promote the light of the law and order and the public authority, which requires more severe punishment to the defendant.
However, while the defendant was under the influence of alcohol, he seems to have reached the crime of this case in a contingent manner, and is currently recognizing and reflecting his mistake.
The degree of violence against police officers and the degree of damage caused thereby are not so significant.
The defendant supports his wife and children as the most.
In full view of all the sentencing conditions in the instant case, including these circumstances, including Defendant’s age, sex, environment, motive, means, consequence, and circumstance after the commission of the crime, the lower court’s sentence is too uneasible and unreasonable.
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.