공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.
2. Since the crime of obstructing the performance of official duties is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, it is necessary to impose severe punishment for establishing national legal order and eradicating the light of public authority.
However, in full view of the favorable circumstances, such as the fact that the Defendant recognized the instant crime, the extent of assault committed by the Defendant against the police officer is relatively minor, and the fact that there is no record of crime exceeding the fine imposed by the Defendant, and other conditions of all the sentencing as shown in the instant records and pleadings, such as the Defendant’s age, sex, criminal conduct, environment, family relationship, motive and circumstance after the crime, etc., the lower court’s punishment is too unfeasible and unreasonable.
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.