공무집행방해
The prosecutor's appeal is dismissed.
1. In full view of the circumstances, such as the circumstance of the crime and the method of the crime, and the fact that the defendant was punished for violent crimes, the sentence of the court below (five million won) is too unfasible and unfair, in light of the following: (a) the defendant assaulted the police officer who wear her uniform and obstructed his/her execution of duties; and (b) the defendant has a record of being punished for violent crimes.
2. Since the current Criminal Procedure Act, which takes the trial-oriented principle and direct principle as to the prosecutor’s unfair argument of sentencing, has a unique area for sentencing determination, it is reasonable to respect the first instance judgment in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance judgment does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances alleged by the prosecutor in the lower court appear to have already been considered when determining the punishment at the lower court, and there is no additional document to change the lower court’s punishment, and there is no other submission of additional document to change the Defendant’s age, sex, environment, means and consequence of the crime, and circumstances after the crime, etc., taking into account all the factors of sentencing indicated in the records of this case, the lower court’s punishment is deemed appropriate.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.