경범죄처벌법위반
The prosecutor's appeal is dismissed.
1. Since it is reasonable to impose a penal detention on a person who has the same jurisdiction as the defendant in the summary of the grounds for appeal, the sentence imposed by the court below (the penalty of KRW 500,000) is not appropriate.
2. Although there are circumstances, such as that the defendant's attitude of hindering police officers' duties and destroying public authority is not good, the fact that the defendant recognizes and reflects criminal facts, there is no record of punishment for the same kind of crime, there is no record of criminal punishment due to violence, and Article 50 (1) of the Criminal Act provides "severity of the punishment" in the order of Article 41.
Article 41 of the Criminal Act provides that "The types of punishment shall be stated in the order of death penalty, imprisonment without prison labor, loss of qualification, suspension of qualifications, fines, misdemeanor imprisonment, minor fine, and confiscation. Thus, the punishment imposed by the court below is more severe than the punishment of misdemeanor imprisonment (see Supreme Court Decision 2001Do5131, May 28, 2002) and other various circumstances, including the defendant's age, environment, sex, criminal conduct, circumstances before and after the crime, and circumstances before and after the crime, are considered appropriate.
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.