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Defendant
All appeals by prosecutors are dismissed.
Reasons
The summary of the grounds for appeal (public prosecutor) of the lower court’s sentence (2,00,000 won of fine) is too unhued and unreasonable.
2. Determination
A. The instant crime committed by the prosecutor on the assertion of unfair sentencing by the public prosecutor was defective in the police officer’s attempt to take a measure of movement against those who want to interfere with the vicarious administrative execution in the deep time, and the Defendant refused the police officer’s request for suspension of interference by blocking the police officer’s body and obstructing by carrying the police officer’s hand, and thus obstructing the police officer’s request for suspension of interference. Accordingly, the police officer assaulted the police officer’s legitimate performance of duties by assaulting the police officer’s knee by “Yek-kak, kne-ke-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-k
In order to establish a legal order and eradicate a light of public authority, it is necessary to strictly punish the crime of obstruction of performance of official duties. Although it is reasonable for the assistant officer of a member of a National Assembly to respect public authority and comply with the legal order, there is a history of criminal disposition, including violent criminal records, and there is no particular reflective behavior, such as asserting that the assistant officer of a member of a National Assembly would have committed a defined act to protect citizens against the administrative vicarious execution of the instant crime even if he committed the instant crime.
However, the Defendant did not have been subject to a criminal disposition of suspension of qualifications or heavier punishment for the last 20 years, and the instant crime was committed in the process of the so-called “the case of the transmission tower at the time of smuggling,” and the circumstances therefrom are considered.
In addition, considering the various circumstances, such as the Defendant’s age, character, conduct and environment, and motive, means, and consequence of the crime, etc., as well as the conditions for sentencing specified in the instant records and pleadings, it is difficult to deem that the lower court’s punishment is too uneasible and unreasonable.
Therefore, prosecutor's assertion is without merit.
(b) the appeal of the defendant;