공무집행방해등
The prosecutor's appeal is dismissed.
The gist of the grounds for appeal by the public prosecutor is as follows: (a) in light of the following: (b) the public prosecutor’s act of assaulting a police officer who flasing the Defendant under the influence of alcohol on the street to assist the Defendant, thereby insulting the Defendant; and (c) during the process of arresting the Defendant as an offender in the crime of insult, which interfered with the performance of official duties by committing violence against the police officers; and (d) the nature of the offense in this case is inferior; and (e) there is a need to strictly punish the police officer who wear a uniform to achieve a safe society; and (e) the punishment of assaulting the police officer who wear a uniform is unreasonable.
In light of the circumstances asserted by the prosecutor, the punishment imposed by the court below is appropriate, and it cannot be deemed unfair because it is too unreasonable, considering the following: (a) the defendant has no record of punishment; (b) the confession, and reflects a crime; and (c) the defendant's age, character and conduct, intelligence and environment; (d) the motive, means, and consequence of the crime; and (e) the various circumstances, which are the conditions for sentencing specified in the instant case, such as the defendant's age, character and conduct, intelligence and environment; (e) motive, means and consequence of the crime
Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.