공무집행방해
The prosecutor's appeal is dismissed.
1. In light of the prosecutor’s gist of the grounds of appeal (unfair sentencing) that the defendant did not reflect the wrongs and that a serious punishment is needed for the crime of obstructing the performance of official duties by police officers in uniform, etc., the sentence of the court below that sentenced two years of suspended execution and the order to observe the protection is too uneasible and unfair.
2. That the judgment defendant has no record of criminal punishment, and that the leakage or the defendant suffers from mental illness in the court below is leading in order to prevent further recidivism in the future.
In full view of the circumstances alleged in the grounds of appeal, even if considering the circumstances alleged in the grounds of appeal, such as the Defendant’s age, sexual conduct, environment, motive and background of the crime, degree of damage, and circumstances after the crime, etc., the above assertion is without merit, since the lower court’s punishment is too unfasible and is not deemed unfair.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.