공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., in a case where the defendant takes a bath to a police officer who properly performs his/her duties, and the nature of the crime is bad, such as walking a baby, and there is a need to strictly punish a crime resistanceing the public authority that duly enforces the law. In light of the above, a fine of 2.5 million won imposed by the court below is too uneasible and unfair.
2. Considering the circumstances in which the prosecutor’s decision on the grounds for appeal was made, the Defendant, while making a confession of the crime, was repented by mistake, did not have any record of punishment, and appears to have resulted in the instant crime as a result of the instant crime in a sudden interest in the state of under the influence of alcohol, and upon examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character, conduct, environment, health conditions, motive, means and consequence of the crime, etc., the sentence imposed by the lower court against the Defendant is appropriate, and the determination is not unreasonable.
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.