공무집행방해
The prosecutor's appeal is dismissed.
1. The gist of the prosecutor’s grounds of appeal (e.g., in light of the fact that the Defendant has exercised direct tangible power, such as drinking a major body face against a police officer who wears a uniform, etc., the Defendant is unjust as the lower court’s sentence imposing a fine of KRW 2 million is too uneasible.
2. In light of all the circumstances alleged in the grounds of appeal, the sentence of the court below is too unjustifiable, even if considering the following factors, such as the Defendant’s mistake, the fact that there was no history of criminal punishment, drinking alcohol and contingency, and the motive and background of the instant crime, the circumstances before and after the instant crime, the degree of damage, and the character and conduct of the Defendant as well as the environment, etc., which are conditions for sentencing, are considered. Thus, the above assertion is without merit.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.