공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, two years of probation) of the lower court is too unhued and unreasonable;
2. The crime of obstruction of the performance of official duties is an unfavorable circumstance where the crime of obstruction of the performance of official duties ought to be strictly punished as a crime detrimental to the function of the State.
However, considering various sentencing conditions, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, degree of damage, circumstance after the crime, etc., it cannot be deemed that the sentence imposed by the lower court is too unjustifiable and 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.