공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of a fine, one year of suspended execution) is too unhued and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). No new sentencing data is submitted in the trial, and there is no particular change in the sentencing conditions compared to the original judgment. In full view of the various sentencing grounds stated by the lower court, it cannot be deemed that the sentence imposed by the lower court is too unfasible and so it exceeded the reasonable scope of discretion.
3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.