공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (a fine of eight million won) declared by the lower court is too unhued and unreasonable.
2. It is recognized that the instant crime committed by intimidation a police officer in the course of performing official duties, thereby obstructing the performance of official duties, and that there is a need to strictly punish the instant crime in light of the recent situation of public authority, and that the Defendant committed the instant crime without being aware of a fine for several times due to violent crimes, etc., even though he/she had been subject to suspended execution, even though he/she had the record of punishment
However, considering all of the sentencing conditions in the pleadings of this case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., it is not recognized that the lower court’s punishment is too unjustifiable and unreasonable.
Therefore, 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 as it is without merit. It is so decided as per Disposition.