공무집행방해등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.
2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, it is necessary to strictly punish crimes of obstruction of the performance of official duties.
However, the defendant recognizes all his mistake and reflects it.
The degree of the crime of this case cannot be deemed serious, and the defendant seems to have committed the crime of this case contingently.
There is no criminal record of the defendant's obstruction of performance of official duties or violation of the Punishment of Minor Offenses Act.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and unreasonable.
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.