공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.
2. The crime of this case committed by the Defendant was committed by assaulting a police officer who wears his uniform, and the nature of the crime is not good.
However, in full view of the following: (a) there is no history of punishment against the Defendant; and (b) the Defendant’s mistake was divided and reflected later; and (c) the Defendant’s age, sex behavior, environment, motive and circumstance of the crime; (d) the motive and circumstance of the crime; and (e) the result of the crime; and (e) all the sentencing conditions indicated in the instant records and theories on changes, such as the circumstances after the crime, etc., the sentence imposed by the lower
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.