공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.
2. The instant crime committed by the Defendant was committed by assaulting a police officer, who wears his uniform, and the degree of the illegality is not weak.
However, in full view of all the sentencing conditions stated in the records and theories of this case including the defendant's age, sex, environment, motive and circumstance of the crime, result, etc., the sentence imposed by the court below is too unfeasible and unfair, considering the following: the defendant who was 55 years of age at the time of the crime was not subject to any criminal punishment until the transfer of this case; the defendant's mistake is divided and reflected, and the degree of violence is not severe.
Therefore, we cannot accept the prosecutor's unfair argument of sentencing.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.