공무집행방해
The prosecutor's appeal is dismissed.
1. In light of the overall circumstances of the instant case, the sentence imposed by the lower court on the Defendant (such as a fine of three million won) is too uneasible and unreasonable.
2. The crime of this case is a crime that undermines the function of the State by nullifyinging the legitimate exercise of public authority and requires strict punishment. The defendant has been punished more than 20 times due to the obstruction of performance of official duties, etc., and the defendant has committed the crime of this case again during the grace period after being sentenced to imprisonment for 8 months with prison labor for the obstruction of performance of official duties on August 20, 2010. However, although the degree of damage of this case is relatively minor, the defendant is against his mistake, and considering all kinds of sentencing conditions such as the defendant's age, character and conduct, environment, and circumstances after the crime, the prosecutor's assertion is without merit.
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.