공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.
2. The crime of obstructing the performance of official duties is an unfavorable circumstance that requires strict punishment as a crime detrimental to the function of the State by nullifying a legitimate exercise of public authority.
However, considering various sentencing conditions, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, degree of damage, and circumstances after the crime, it cannot be deemed unfair because the sentence imposed by the court below is too unfasible.
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.