공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (2 million won in penalty) is too uneasy and unreasonable.
2. Although the judgment of the court below cannot be deemed that the case of assaulting a police officer who the defendant had attempted to prevent drinking, considering the following circumstances: (a) the degree of assault is insignificant and contingent; (b) the defendant reflects the defendant's wrong; (c) the defendant has no criminal record exceeding the same kind or fine; and (d) the defendant's age, sex, criminal conduct, environment, economic ability (the defendant is an individual rehabilitation and does not have many available income) and other factors, which are the sentencing conditions stipulated in Article 51 of the Criminal Act, it cannot be deemed that the sentence of the court below is too unjustifiable and unfair.
Therefore, the prosecutor's improper argument of sentencing is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.