공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the penalty (4 million won) imposed by the court below is too unfased.
2. Obstructing the performance of official duties requires strict punishment for the establishment of public authority and the protection of legal order, and the crime of this case is an unfavorable circumstance that assaults a police officer dispatched by the Defendant due to his disturbance under the influence of alcohol, and that the nature of the crime is not weak.
However, in full view of the following factors: (a) the Defendant recognized the mistake and reflects; (b) the Defendant has no criminal history exceeding the same criminal history or fine; (c) the degree of assault is relatively minor; and (d) all the sentencing conditions indicated in the pleadings, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (c) the circumstances after the crime, etc., the sentence imposed by the lower court is too unab
Therefore, prosecutor's assertion is not accepted.
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.