공무집행방해
The prosecutor's appeal is dismissed.
1. The punishment of a fine of KRW 3.5 million sentenced by the original judgment on the summary of the grounds for appeal is too unfasible and unreasonable.
2. In view of the fact that the Defendant, while taking a bath for a police officer without any particular reason under the influence of alcohol, uses a tangible force, such as pushing a police officer’s chest and booming clothes, etc., the Defendant is unlikely to criticize the Defendant’s act.
However, in light of the form of the act at the time, the degree of exercising the tangible power and the degree of interference with the execution of the official duty is very heavy.
In light of the circumstances such as the Defendant’s age, sexual conduct, environment, circumstances after 207, and circumstances after 2007, the sentence imposed by the lower court is too weak if it takes into account the following circumstances: (a) the Defendant’s attitude to recognize and reflect the Defendant’s mistake; (b) the Defendant does not want the Defendant’s punishment by agreement with the victimized police officers; (c) the Defendant did not have any history of punishment for the same kind of crime; and (d) there was no history of crime after 200
shall not be deemed to exist.
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.