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 punishment (3 million won in penalty) imposed by the court below is too unfased.
2. It is recognized that the crime of interference with the performance of official duties needs to be strictly punished in order to establish the legal order of the judgment state and eradicate the light of the public authority, and that the poor behavior against taxi drivers after drinking led to the instant crime.
However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and commits the instant crime against his mistake; (b) there is no record of criminal punishment for violent crimes; (c) the degree of damage inflicted by the victimized police officer by the instant crime is relatively minor; (d) equity in sentencing with the same and similar incidents; and (e) the Defendant’s age, sex, motive, means and consequence of the instant crime; and (e) other various circumstances that are conditions for sentencing, such as the circumstances after the commission of the instant crime, the sentence imposed by the lower court is too uneasible
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.