공무집행방해
The prosecutor's appeal is dismissed.
1. In light of the summary of the grounds for appeal (unfair sentencing) and the necessity of strict punishment for a crime interfering with the performance of official duties, the gravity of the case, etc., the sentence imposed by the court below (2 million won) is too uneasy and unreasonable.
2. The crime of this case is an unfavorable circumstance to the Defendant, inasmuch as the Defendant was unable to perform his duties by exercising a direct force on the body of the police officer dispatched after receiving a report by 112, and the nature of the crime is not good.
However, considering the fact that the defendant recognized the crime of this case and reflected, the defendant's consent with the victimized police officer does not want the punishment of the defendant, the degree of assault by the defendant is not severe, the defendant does not have the same criminal record, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, sex, environment, etc., it does not seem that the sentence of the court below against the defendant is too unreasonable.
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 prosecutor's appeal is without merit. It is so decided as per Disposition.