공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.
2. Although it is recognized that the nature of the instant crime committed by a police officer dispatched upon receiving a report of 112 was not weak, the punishment imposed by the court below is too unjustifiable, considering the following factors: (a) the Defendant committed a contingent crime under the influence of alcohol; (b) the Defendant did not limit the degree of assault against the Defendant’s police officer; (c) the Defendant recognized and opposed to his mistake; (d) the Defendant did not have any record of crime other than the fine prior to the instant case; and (e) the Defendant’s age, sex behavior, environment, family relationship, health status, details, motive, means, and consequence of the instant crime; and (e) all of the sentencing conditions indicated in the pleadings of the instant case, such as the circumstances after the crime, etc., it cannot
3. Accordingly, 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.