공무집행방해
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (a fine of five million won) is too unhued and unreasonable.
2. Determination
A. The instant crime is a case where the Defendant assaulted police officers without any reason while under the influence of alcohol and obstructed the performance of their official duties, and the Defendant’s responsibility is not weak.
B. Meanwhile, there are extenuating circumstances, such as the Defendant: (a) led a university student under 21 years of age without any previous conviction to commit a crime; (b) led the Defendant to reflect the mistake; and (c) leading the victimized police officers to commit the crime of death by a serious wound; and (d) leading the victimized police officers to the Defendant’s seat.
In addition, considering all sentencing conditions indicated in the instant case, such as the family relationship, living environment, background and result of the crime, and circumstances after the crime, the sentence of the lower court is adequate.
3. The prosecutor's appeal of 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.