공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.
2. The Defendant’s act of assaulting the police officer wearing a uniform is disadvantageous to the following: (a) the nature of the instant crime was bad; and (b) the fact that it was not agreed with the victimized police officer.
On the other hand, the fact that the crime of this case occurred by contingency, the fact that the defendant repents and reflects his wrong, and that the defendant has no record of criminal punishment is favorable to the defendant.
In addition to the above circumstances, considering various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, motive and means of crime, the judgment of the court below is deemed appropriate within the reasonable scope of discretion.
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 on the grounds that the appeal is without merit. It is so decided as per Disposition.