공무집행방해등
The prosecutor's appeal is dismissed.
1. The lower court found the Defendant guilty of interference with the performance of official duties among the facts charged in the instant case, and dismissed the public prosecution as to the insult. However, the prosecutor appealed only for the guilty portion on the ground that sentencing was unfair, and the rejection portion of the public prosecution for which the prosecutor did not appeal was final and conclusive by the lapse of the appeal period. Accordingly, the lower court should be tried only for the guilty portion among the lower judgment.
2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to KRW 6 million) is too uneasy and unreasonable.
3. The Defendant, without being aware of the period of suspension of the execution of imprisonment due to a crime of interference with the performance of official duties, committed a second offense against the same police officer.
However, in light of the fact that the Defendant appears to repent of mistake while making a confession of the crime, deposit a certain amount for the victimized police officer, and the victimized police officer did not want punishment against the Defendant, and other various conditions of sentencing as indicated in the record, such as the circumstances of the crime, the degree of exercising force against the police officer, the circumstances after the crime, and the character and conduct of the Defendant, the sentence of the lower court is too uneasible and unreasonable.
4. In conclusion, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act (Provided, That in accordance with Article 25(1) of the Regulation on Criminal Procedure, the prosecutor’s appeal is changed to “the same date and time as, and place as, the above in paragraph (1) of the above Article 6” to “the apartment 16,00,000 apartment 16,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000