공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 5,00,000) is too unhued and unreasonable.
2. The following determination is an unfavorable circumstance to the Defendant.
The crime of this case is not a good crime that interferes with the execution of duties by assaulting a police officer called out after receiving a report while the defendant was in a singing practice room.
In order to protect legitimate performance of official duties and establish a sound social order, it is necessary to strictly punish a violation of official duties.
On the other hand, the fact that the defendant reflects his wrong and that the defendant has no other criminal records except for the punishment of a fine once due to drinking driving.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.