Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (20 million won suspension of sentence) against the Defendant is too unhutiled and unreasonable.
2. The crime of obstructing the performance of judgment was committed under the same conditions as the grounds for appeal by the prosecutor, such as the establishment of public authority, the protection of legal order, and the elimination of the situation of public authority. However, there are unfavorable circumstances such as the grounds for appeal by the defendant, such as the fact that the defendant is against the recognition of the crime of this case, the defendant is the primary offender, the defendant seems to have committed a crime under the influence of alcohol, the degree of assault in this case is not relatively heavy, the defendant is still a university student who has no social experience, and the social relationship is clear, and the damaged police officer does not want the punishment of the defendant by seeking a letter to the damaged police officer. After the sentence of the judgment of the court below, the defendant would have given favorable or special consideration to the defendant, such as the waiver of the status of a candidate for the military officer and expected to be sick in active duty service, and there are other circumstances favorable to or considering the defendant, such as the defendant's age, sex, motive, means and result of the crime of this case, and the circumstances after the crime.
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 appeal is without merit. It is so decided as per Disposition.