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 fact that the instant crime was committed against a police officer with legitimate execution of duties is unfavorable.
However, in light of the favorable circumstances such as the fact that the defendant's mistake was recognized by the court below, and the defendant's age, sex behavior, occupation and environment, motive and circumstance leading to the crime of this case, and the circumstances after the crime, etc., the court below's punishment is too uneasible and unfair. Thus, the prosecutor's assertion is without merit.
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.