공무집행방해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the penalty (4 million won) imposed by the court below is too unfased.
2. In light of the content, method, etc. of each of the instant crimes, there is a need to strictly punish a crime interfering with the performance of official duties in order to establish a state’s legal order and eradicate the public peace, and the fact that no damage recovery or agreement has been reached until the party’s trial was conducted is disadvantageous to the Defendant.
However, in full view of the following: (a) the Defendant recognized all of the crimes; (b) the general criminal punishment in a case of the same and similar kind in which the primary offender is the first offender; and (c) the balance of the Defendant’s age, sex, environment, motive, means and consequence of the crimes; and (d) other various sentencing conditions, such as the Defendant’s age, sex, environment, motive, means and consequence, it is difficult
Therefore, the prosecutor's above argument of sentencing is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.