공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is the case where the defendant used violence against the police officer dispatched after receiving a report. However, in light of the degree of assault, the nature of the crime is extremely poor in light of the degree of assault, and the obstruction of performance of official duties against the police officer performing official duties requires strict punishment in order to make the government public authority and establish order in law. Thus, the punishment of the court below (fine 3 million won) is too unreasonable.
2. In light of the above circumstances asserted by the Prosecutor in the grounds of appeal, the lower court’s sentencing determination is too unafford and deemed to have been sufficiently taken into account, and the Defendant has no specific penal power except for a fine for a minor time, and all facts constituting the instant crime are committed, and the Defendant seems to have caused the instant crime by contingency. Moreover, considering the following factors, the lower court’s sentencing determination is too unafford and exceeded the reasonable scope of discretion, and cannot be deemed to have exceeded the reasonable scope of discretion.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.