공무집행방해
The prosecutor's appeal is dismissed.
1. In light of the substance of the instant crime by which the Defendant, who had been punished several times due to the instant type of violence related to the instant crime, was committed several times in a restaurant, and received a report from the police officer, and used violence against the police officer, the nature of the crime is not weak in light of the substance of the instant crime, and the act of obstructing performance of official duties by the police officer requires strict punishment in order to publicly announce the public authority of the State and to establish legal order. In light of the above, the lower court’s punishment (three million won of fine) is too unreasonable.
2. In light of the judgment, the above unfavorable circumstances asserted by the prosecutor in the grounds of appeal are deemed to have been sufficiently taken into account when determining the punishment at the court below. The defendant committed all the crimes in this case, and there is no criminal record exceeding the fine, even though the defendant committed the crimes in this case, and there is a relatively minor degree of the exercise of violence, etc., and other various sentencing factors in this case, including the defendant’s age, character and conduct, environment, background of the crime, means and consequence, the circumstances after the crime, etc., are considered, the sentencing judgment of the court below cannot be deemed to have exceeded the reasonable scope of discretion because it is too unafford.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.