공무집행방해
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (two years of suspended execution, one year of observation of protection, and eight hours of social service for four months) is unfair because it is too unfasible (the prosecutor stated that the Defendant should be punished by imprisonment with prison labor for six months). 2. Determination on the following grounds: (a) the Defendant, upon receiving a 112 report from the police officer dispatched, interfered with the legitimate execution of public duties; and (b) the nature of the offense is bad.
However, in full view of various circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment against the Defendant is too uneasy and unreasonable, and thus, the Prosecutor’s aforementioned assertion is without merit, given that the Defendant’s punishment against the Defendant is too uneasy, and is not unfair, inasmuch as the Defendant’s punishment against the Defendant is too uneasy, and there is no history of punishment for the same kind of crime except for the punishment imposed once by a fine for 14 years ago.
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.