공무집행방해
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment of KRW 1.5 million (a fine of KRW 1.5 million) is too unhued and unreasonable.
2. The Defendant’s crime of obstruction of the performance of official duties in this case requires strict punishment as an offense that undermines the function of the State by nullifying the legitimate exercise of public authority.
However, the defendant has not committed a second offense, reflecting the mistake of crime in depth.
The Defendant is an initial criminal who had no criminal record prior to the instant crime.
It is also recognized that the extent of the assault and obstruction of the performance of official duties of this case is relatively limited.
In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because the sentence imposed by the court below is too unfortunate.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.