공무집행방해
The prosecutor's appeal is dismissed.
1. The sentence of the court below (2 million won in penalty) on the summary of the grounds for appeal is deemed to be too unhued and unfair.
2. The Defendant is not against the nature of the crime, such as “prisoning a police officer’s death”, “prisoning a drinking”, and displaying a drinking.
In order to establish the law and order of the state and eradicate the awareness of the public authority, it is necessary to strictly punish crimes that interfere with the execution of public duties.
This point is the same as the prosecutor asserts.
However, the defendant recognizes and reflects the crime.
The extent of violence committed by the defendant is relatively minor.
The Defendant is an initial criminal who had no criminal history prior to the instant crime.
In addition, in full view of all other circumstances that form the conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, the lower court’s sentence is too uneasible and thus it cannot be deemed unfair, and the prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.