공무집행방해
The prosecutor's appeal is dismissed.
The gist of the grounds for appeal by the prosecutor is that the punishment (fine 4 million won) imposed by the court below is too unreasonable in light of the following: (a) the crime of this case was committed by the police officer who was dispatched after receiving 112 report, and the nature of the crime was bad; (b) the defendant committed the crime of this case even though the crime was committed by force; and (c) there is a need for strict punishment for the obstruction of performance of official duties; and (d) the establishment of legal order.
In light of the circumstances alleged by the prosecutor, it is not recognized that the sentence imposed by the court below is too unjustifiable and unreasonable in light of the following: (a) the defendant was punished twice by a fine for a violation of the Punishment of Violences, etc. Act in 1989 and 1998; and (b) there was no force of obstruction of performance of official duties; (c) the defendant is recognized as committing a crime; and (d) other various circumstances, such as the defendant’s age, character and conduct, intelligence and environment; (d) motive, means and consequence of the crime; and (e) the circumstances after the crime, etc.
Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.