공무집행방해등
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (two years of imprisonment, two years of suspended execution, two years of probation, and one hundred and sixty hours of community service order) is deemed too uneasy and unreasonable.
2. Determination
A. In light of the fact that there is a need to strictly punish the Defendant in order to establish a state’s legal order and eradicate the light of public authority, it is necessary to strictly punish the crime of obstructing performance of official duties.
B. Meanwhile, there are extenuating circumstances, such as the confession and reflection of the instant crime, and the degree of assault and insult, etc.
In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, character and conduct, family relationship, living environment, details and result, etc., the sentence of the lower court is adequate.
3. The appeal by the prosecutor of the conclusion 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.