폭행등
The prosecutor's appeal is dismissed.
1. The court below's scope of judgment in this Court is dismissed among the facts charged in this case against the defendant, and sentenced him to the charge of obstructing the performance of official duties. Accordingly, since the prosecutor filed an appeal only for the guilty part among the judgment below and the defendant did not appeal and the dismissed part of the above indictment becomes final and conclusive, the scope of judgment in this Court is limited to the part except the dismissal judgment in the judgment
2. 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.
3. The act of causing harm to police officers in the process of performing duties, such as the instant crime, is likely to undermine public authority’s trust, and thus requires strict punishment to eradicate the clibity of public authority.
However, considering various conditions of sentencing specified in the records and arguments, such as the fact that the Defendant recognized the instant crime and reflects, the degree of assault committed by the Defendant to a police officer is not serious, the record of criminal punishment is not confirmed, and the Defendant’s age, sex, environment, family relationship, motive, and circumstances after the instant crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too uneasible and unfair. Thus, the Prosecutor’s assertion is without merit.
4. 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.