공무집행방해
The prosecutor's appeal is dismissed.
1. The sentence (five 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. The judgment of this case is that the defendant started to avoid disturbance without calculating the drinking value.
Rather, the defendant, upon receiving a report from the police officer, took a bath and assault against the police officer who called out after being reported to the police officer's own cause.
In addition, the fact that the defendant has been punished six times for violent crimes, and that he again committed the crime of this case is disadvantageous to the defendant.
On the other hand, the circumstances favorable to the defendant, such as that the defendant led to the confession of the crime of this case and reflects on the nature of the defendant, that is, the degree of force of the defendant's use, that the defendant was punished for violent crimes, that there was no record of punishment since 2012, and that there was no record of punishment since 2012, and that a caruer who became the police due to the lack of alcohol value in this case submitted a written application for a written application to seek the preference
In addition, considering all the sentencing conditions, such as the motive and background, result, age, sex, environment, and history of punishment of the defendant, the sentence imposed by the court below is too unhued and so it was exceeded the discretion of the court below.
It does not seem that it does not appear.
Therefore, prosecutor's sentencing and warning cannot be accepted.
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.