공무집행방해
The prosecutor's appeal is dismissed.
The gist of the grounds for appeal by the prosecutor is as follows: (a) in light of the fact that under the influence of alcohol, the Defendant intending to rescue himself, without any justifiable reason, takes a bath and uses assault to commit the instant crime; (b) the nature of the crime is inferior to the quality of the crime; and (c) there is a need to strictly punish the police officer who has worn a uniform for the purpose of protecting the people’s safe living; and (d) the act of obstructing the performance of official duties against the police officer who has worn a uniform, the punishment of fine of KRW 3,00,0
Considering the circumstances asserted by the prosecutor, the sentence imposed by the court below is appropriate, and it cannot be deemed unfair because it is excessively unfasible, considering the following circumstances: (a) the defendant has no record of punishment; (b) the recognition of the crime by the investigative agency and the intention of the police officer who has committed an assault; and (c) the defendant commits the crime of this case in a contingent manner under the influence of alcohol; and (d) the defendant commits the crime of this case in a contingent manner; and (e) the defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime; and (e) circumstances after the crime.
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.