공무집행방해등
The prosecutor's appeal is dismissed.
1. As to the insult of the facts charged in the instant case, the lower court dismissed the prosecution on the grounds that the victim submitted a written withdrawal of the complaint after prosecution, and found the Defendant guilty of obstructing the performance of official duties, and sentenced the Defendant to a fine of KRW 5 million. As such, the part of dismissing a public prosecution for which the Defendant and the Prosecutor did not appeal for the conviction only became final and conclusive, the scope of the judgment of the lower court is limited to the conviction part of the lower judgment.
2. The lower court’s sentence (five million won in penalty) against the Defendant on the summary of the grounds of appeal is deemed to be too uneasy and unreasonable.
3. The crime of this case is a case where a police officer, who was dispatched upon the report of 112, takes a bath to the police officer and was arrested as an offender in the act of committing an act of committing an act of assaulting the police officer in the earth area, and the police officer committed an act of assaulting the police officer in the earth. In order to establish the national law and order and eradicate the light of the public authority, such an offense needs to be
The defendant committed the crime of this case again during the suspension period of execution for the same crime, and the responsibility for the crime is more heavy.
However, the defendant shows his attitude to recognize and reflect his criminal act.
It seems that the damaged police officer has made efforts to seek a letter against the damaged police officer by such reason as he/she wanting the defendant to leave the place against the insulting crime of the defendant.
The degree of assault accompanied by the instant crime was relatively not more severe, and it is also recognized that the Defendant is receiving treatment due to the depression disorder.
In addition, considering the defendant's age, sex, environment, family relationship, circumstances after the crime, etc., various sentencing conditions specified in the records and arguments of this case such as the defendant's age, sex, family relationship, and circumstances after the crime, the court below's punishment against the defendant cannot be deemed to be unfair, and thus, the prosecutor's assertion is without merit.
4. Thus, the prosecutor's appeal is without merit.