The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (a fine of three million won) is too unhued and unreasonable.

Judgment

The crime of this case is an unfavorable sentencing factor, such as the fact that the crime of this case was committed by police officers against the legitimate enforcement of police officers, which is highly likely to be subject to criticism, and that there is a need to strictly punish the Defendant’s obstruction of performance of official duties in order to establish legal order and eradicate the light of public authority.

However, considering the following factors: (a) the Defendant, who is yet aged students, has a profound depth of his mistake and reflects it; (b) the degree of injury of the victims is not severe; (c) the Defendant deposited KRW 2 million for the victimized police officers; and (d) the Defendant has no record of crime other than one time before and after the fine; and (b) other factors of sentencing as indicated in the argument, such as the background of the instant crime; (c) circumstances after the commission of the crime; and (d) the character and conduct of the Defendant, and the environment, etc., comprehensively taking into account various sentencing materials, such as the circumstances of the instant crime; and (d) there

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, in accordance with Article 25(1) of the Rules on Criminal Procedure, ex officio, and in accordance with Article 25(1) of the Rules on Criminal Procedure, the phrase “1. Aggravation of concurrent Crimes” is amended to add “Article 37, Article 38(1)2, and Article 50 of the Criminal Act.”