공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.
2. Determination of the crime of this case is an unfavorable circumstance to the defendant, such as the fact that it is not good that the defendant used violence to the police who has legitimate execution of duty, and that the defendant has been punished several times due to the crime of violence.
On the other hand, the fact that the defendant is against the defendant's wrong recognition, and that the defendant has no record of punishment or punishment exceeding the fine for the same crime is favorable to the defendant.
Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem the lower court’s punishment to be too unfortunate and unfair.
Therefore, the prosecutor's above assertion is without merit.
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.