공무집행방해
The prosecutor's appeal is dismissed.
1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. It is recognized that the crime of this case is committed by assaulting a fire official performing official duties and obstructing the performance of official duties by the defendant, and that there is a need for strict punishment in consideration of the recent situation of public authority, and that the defendant has been punished more than twice, there is a history of punishment of fine, a history of punishment for suspended execution, and that the defendant committed the crime of this case without being aware of the suspended execution period due to the same crime, and that the damaged fire official did not receive a letter from the damaged fire official
However, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the instant pleadings, such as the circumstances after the instant crime, the lower court’s punishment is too uneasible and unreasonable.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Criminal Procedure Act on the ground that the phrase “4 million won of imprisonment” in the disposition of the court below is obvious that it is a clerical error of “4 million won” in the disposition of the court below, and thus, it is corrected ex officio in accordance with Article 25(1) of the Rules on the Criminal Procedure.