공무집행방해
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that of the lower court’s punishment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of probation and community service) is unreasonable.
2. In light of various circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the lower court cannot be deemed to be unreasonable, in view of the following factors: (a) the Defendant’s punishment is against the judgment; (b) the Defendant has been committed more than 10 times, but there is no criminal conviction or heavier than a suspended sentence; and (c) the degree
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.