공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (6 million won in penalty) is too unhued and unreasonable.
2. The instant crime committed by the Defendant was committed by assaulting a police officer who takes a lawful performance of official duties, such as taking a bath or drinking or drinking to a police officer, and the nature of the crime is not good, etc. that is disadvantageous to the Defendant.
On the other hand, the fact that the defendant is against the defendant's wrong recognition and there is no criminal history for the defendant, etc. are favorable to the defendant.
Considering the above circumstances and the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem that the lower court’s punishment is too uneasible and unfair.
Therefore, the prosecutor's above assertion 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 appeal is without merit. It is so decided as per Disposition.