공무집행방해
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unfilled and unfair (a prosecutor stated his/her opinion that he/she should be punished by imprisonment with labor for one year). 2. It is recognized that the Defendant committed a crime in the middle of the period of suspended execution.
However, the defendant committed the crime of this case by contingently, and the extent of the type used by the damaged police officer once is relatively low, and the degree of damage is minor, and the damaged police officer does not want the punishment of the defendant.
In addition, the defendant reflects the crime and continues to provide medical treatment for alcohol ozone, and there is no record of punishment due to interference with the performance of official duties, and thus, is highly likely to repeat the crime.
shall not be deemed to exist.
In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, all of the sentencing conditions in the instant case, such as the circumstances after the crime, etc., it cannot be deemed that the lower court’s sentence against the Defendant should be too uneased and reversed.
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 appeal is without merit. It is so decided as per Disposition.