공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the punishment (2.5 million won in penalty) set by the court of the original instance as stated in the reasoning of the appeal is too unfilled and unfair.
2. The criminal liability of the defendant who uses violence to police officers as a result of a unanimous judgment shall not be less than that of the other accused;
However, it seems that the defendant has led to the confession of crimes and reflects on the nature of the crime, and the degree of exercising force is minor.
The State did not take a bath.
There is no record of domestic crime.
Family's appeal to the passenger's wife and is not sufficiently sufficient.
The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.
The judgment below
There is no new circumstance that can be considered in sentencing as a result of the sentence.
In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is not deemed unfair.
3. As such, the prosecutor’s appeal is not reasonable, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.