공무집행방해
The prosecutor's appeal is dismissed.
1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. The instant crime committed by the Defendant at a singing point prevents a police officer from exercising his/her official duty by exercising assault against a police officer who is subject to a disturbance of alcohol at his/her singing point. In light of the content and circumstances of the instant crime, the criminal liability is not minor in light of the substance and circumstances of the crime.
However, in full view of the following facts: (a) the Defendant recognized the Defendant’s mistake and speaks against the Defendant; (b) the degree of assault is not much serious; (c) the Defendant did not have any history of being punished for obstructing the performance of official duties; and (d) the Defendant’s age, sex and environment; and (c) various conditions of sentencing indicated in the records and pleadings, such as the circumstances after the commission of the crime, etc., the sentence imposed by the lower
Therefore, prosecutor's 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.