공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
The Defendant interfered with the performance of official duties by taking the victimized police officer who is performing legitimate official duties.
Circumstances favorable to the defendant shall be as follows:
The defendant confessions the crime of this case and repents.
The degree of assault by the defendant was not much serious, and the damaged police officer did not have an injury.
Defendant is punished by a fine for an old crime related to violence in 1986, around 1988, and around 1990, and there is no record of punishment except for a minor old fine due to driving around 2005, around 2010, and around 2012.
In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.
The 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 prosecutor's appeal is without merit. It is so decided as per Disposition.