공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (three million won of a fine) by the lower court is deemed to be too unhued and unreasonable.
2. The instant crime committed by the Defendant, while under the influence of alcohol, expressed a desire to the police officer who wishes to return the disturbance to his house at the main point of view, and leads to the police officer’s arms by hand and sponsor, and walking the police officer’s arms by hand and sponsor, and the punishment of the unlawful act is not weak.
In addition, it is difficult to see that the degree of damage revealed in the photograph taken immediately after the instant case is very minor, and the damaged police officer also expressed the defendant's strong intent to punish immediately after the instant case.
In addition, considering the fact that the Defendant had been subject to 13 times violence until now, and most of the crime committed was the fact that the Defendant, while under the influence of alcohol, assaulted the police officer who had been wearing a uniform at once under the influence of alcohol, etc., it is necessary to punish the Defendant with severe punishment corresponding to the criminal liability.
However, the defendant shows a positive attitude toward committing the crime of this case, and his attitude to repent in depth.
In addition, there is no record of criminal punishment that the defendant uses force to police officers in the process of performing official duties until now.
In addition, in full view of the following circumstances: (a) the Defendant appears to have not improved living conditions, such as arranging the store of the Defendant’s operation in order to pay a fine imposed by the lower court; (b) the aforementioned unfavorable circumstances appear to have been sufficiently reflected in the lower court’s judgment on sentencing; and (c) other circumstances that conditions for sentencing, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., are deemed unreasonable as the lower court’s sentencing is too unreasonable.
Therefore, the prosecutor's ground of appeal cannot be accepted.
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