공무집행방해
The prosecutor's appeal is dismissed.
1. The sentence (2.5 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. It is recognized that the instant crime was committed by assaulting a police officer who performed official duties and obstructing the performance of official duties by the Defendant, and that there is a need to strictly punish the Defendant in light of the recent situation of public power.
However, considering the following facts: (a) the Defendant’s mistake is divided; (b) there is no history of punishment heavier than a fine; and (c) there is no change of circumstances that may determine the age, sex, environment, motive, means and consequence of the instant crime; and (d) all of the sentencing conditions specified in the pleadings of the instant case, such as the circumstances after the instant crime, the lower court’s punishment is too uneasible and unfair.
Therefore, prosecutor's assertion is without merit.
3. As such, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the assent of all participating Justices (see, e.g., Supreme Court Decision 200Da36444, Apr. 1, 200).