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 penalty (4 million won) imposed by the court below is too unfased.
2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, there is a need to strictly punish a crime that interferes with the performance of official duties, and the fact that a person did not receive a letter from a victimized police officer is disadvantageous to the defendant.
However, in full view of the fact that an investigative agency has led to confession of and reflect on a crime, equity in sentencing with similar cases of the same kind in favorable circumstances, such as the fact that there is no criminal record for the same kind of crime, and other various sentencing conditions, such as Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., it is difficult to view the lower court’s punishment as being too uneasible and unfair.
Therefore, the prosecutor's above argument of sentencing 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 prosecutor's appeal is without merit. It is so decided as per Disposition.