공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (3.5 million won in penalty) is too unhued and unreasonable.
2. The Defendant’s crime of obstructing the performance of official duties in this case requires strict punishment as an offense that undermines the function of the State by nullifying the legitimate exercise of public authority.
However, in full view of all the sentencing conditions shown in the records and arguments, including the fact that the defendant has no record of being punished for the same crime, and the degree of interference with the assault of this case and the execution of official duties is relatively not more severe, etc., the sentence imposed by the court below cannot be deemed to be unfair because it is unobcied and unfair.
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.