공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s punishment (a prison term of four months, a suspended sentence of one year, and a community service order) is too uneased and unreasonable.
2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant interferes with the legitimate performance of official duties of a police officer by driving the chest of a police officer who caused the Defendant’s demand for the measurement of drinking, such as hair and arms, and the nature of the crime is not good. The Defendant’s agreement with the victimized police officer up to the trial of the party, or failed to receive a letter from the victimized police officer up to the trial of the party, and there is a need to strictly punish the Defendant for the crime of interference with the performance of official duties in order to establish the state’s legal order and eradicate
On the other hand, there is no past history of criminal punishment or criminal punishment exceeding a fine due to the same kind of crime, and the fact that the degree of assault against the victimized police officer is relatively minor, etc. are favorable to the defendant.
In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, 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 as it is without merit. It is so decided as per Disposition.