공무집행방해
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.
2. The crime of obstruction of the performance of official duties is a serious crime that has undermined legitimate exercise of public authority and thus causes severe punishment to the extent that it is necessary.
On the other hand, the fact that the defendant reflects his mistake, that the damaged public officials do not want to punish the defendant, and that the defendant is the first offender is favorable.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, it is not recognized that the lower court’s punishment is too unjustifiable, and thus, the Prosecutor’s assertion is without merit.
3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.