공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the punishment (3 million won in penalty) set by the court of the original instance as stated in the reasoning of the appeal is too unfilled and unfair.
2. The defendant's liability for an offense that assaults a police officer on duty shall not be minor;
However, it seems that the defendant has led to the confession of crimes and reflects on it.
There are no criminal records of the same kind, and there is no history of crime because of a long fine.
The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.
The judgment below
There is no new circumstance that can be considered in sentencing as a result of the sentence.
In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is not deemed unfair.
3. As such, the prosecutor’s appeal is not reasonable, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.
Article 189 of the Criminal Procedure Act shall apply to litigation costs.