공무집행방해
The prosecutor's appeal is dismissed.
1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.
2. The crime of this case is acknowledged that the Defendant assaulted a police officer who performed official duties to interfere with the performance of official duties, and that there is a need to strictly punish the Defendant in light of the recent situation of public power, and that the Defendant did not receive a letter from the victimized police officer.
However, considering the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, the sentence of the lower court is too unfasible and unfair, in light of the following: (a) the Defendant led to the confession of the crime; (b) there was no record of punishment heavier than the fine; and (c) there was no record of punishment for the same crime; and (d) the Defendant’s age, sex, environment; and the motive, means and consequence of the instant crime; and
Therefore, 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 appeal is without merit. It is so decided as per Disposition.