공무집행방해
The prosecutor's appeal is dismissed.
1. The sentence (7 million won in penalty) declared by the lower court on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. The lower court determined the Defendant’s punishment by taking account of the following circumstances confirmed through the entire records and the purport of the pleading.
The favorable normal circumstances: ① in the course of committing a crime, ② the crime committed by contingently while under the influence of alcohol, ② the circumstances unfavorable to the offender: (i) the recidivism during the period of suspended execution, ② the same kind of violent crime, and there is no change in the conditions of sentencing compared with the original judgment, and the judgment of the lower court exceeded the reasonable bounds of discretion, considering the following factors: (ii) the period of suspended execution, ② the period of the same kind of violent crime, and there is no change in the conditions of sentencing compared with the original judgment, and the statutory penalty, etc
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
Therefore, prosecutor's sentencing and warning cannot be accepted.
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.