공무집행방해
The prosecutor's appeal is dismissed.
1. In light of the summary of the grounds for appeal (unfair sentencing) and the fact that the nature of the instant crime is inferior, and the necessity of strict punishment for the crime interfering with the performance of official duties, etc., the sentence imposed by the court below (3 million won) is too uneasy and unreasonable.
2. The crime of this case is an unfavorable circumstance to the Defendant, inasmuch as the Defendant was unable to perform his duties by exercising a direct force on the body of the police officer dispatched after receiving a report by 112, and the nature of the crime is not good.
However, the court below appears to have determined an appropriate punishment by taking account of the circumstances favorable to the defendant and unfavorable circumstances, the defendant recognized the crime of this case and reflects it, and the defendant has no record of the crime except for the case subject to a fine once as a type of a crime, and considering all other circumstances that form the conditions for the sentencing of this case as indicated in the records, such as the defendant's age, sex, environment, motive and circumstance leading to the crime of this case, and circumstances after the crime, the court below's punishment is not deemed to be proper and too unreasonable, and the prosecutor's 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 prosecutor's appeal is without merit. It is so decided as per Disposition.