공무집행방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
The Defendant, by threatening police officers who perform their duties in uniform, inflicted damage on the public authority with respect to the enforcement of the law.
Circumstances favorable to the defendant shall be as follows:
The defendant confessions the crime of this case and repents.
The Defendant threatened police officers with the threat, but did not actually lead to violence.
The defendant seems to have committed any contingent crime in a drinking state.
A defendant has no record of being sentenced to punishment exceeding the same kind of crime or fine.
The defendant is not in good health condition and is economically difficult for him.
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.