공무집행방해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unfasible and unfair.
2. The instant crime is an unfavorable circumstance where: (a) the Defendant repeatedly insults the Victim F on the ground that the position of the Defendant on the placement of the private seal differs; (b) the Defendant took a bath and assault against the police officer who is performing legitimate official duties in the process of entering the private seal equipment; and (c) the Defendant failed to comply with lawful dispersion orders; (d) the State’s legal order and order are not weak; and (e) in order to establish the public authority and eradicate the light of the public authority, there is a need to strictly punish the crime, such as interference with the performance of official duties; (e) failure to agree with the victim of the
On the other hand, there are favorable circumstances, such as the fact that the Defendant recognized each of the instant crimes and against his mistake, and that the Defendant, who had been employed for a long time as a member of the O, represented by the citizen’s position opposing the posting as a PCo-chairperson of the P Co-Chairperson of the headquarters, led to each of the instant crimes, and there are some circumstances to be taken into account in the process of representing the position of the citizens opposing the posting of the headquarters, the degree or result of the crime obstructing the performance of official duties, the Defendant’s primary crime without any criminal history, and the fact that the O citizens want to take the preference against the Defendant.
In full view of the above circumstances and all other factors of sentencing as indicated in the pleadings of this case, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, etc., the sentence imposed by the lower court is too uneasy and 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.