The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of imprisonment, three years of suspended sentence, 40 hours of an order to attend a law enforcement lecture and an order to provide sexual assault treatment lecture) is too uneasible and unfair.

2. Each of the instant crimes committed by the Defendant, while under the influence of alcohol, seems to have caused considerable mental shock and sexual humiliation, is disadvantageous to the Defendant, such as: (a) the Defendant committed an indecent act by drinking, disregarding and blocking the police officer’s stop signal; (b) the Defendant committed an indecent act by drinking the victim’s her amb while driving amb; (c) the nature and method of the offense was inferior; (d) the crime of the police officer’s legitimate exercise of public authority is directly connected to the lives and safety of citizens; and (e) the crime of the instant forced indecent act is deemed to have caused considerable mental shock and sexual humiliation; and (e) the Defendant might have been subject to criminal punishment on several occasions due to drinking, interference with the performance of public duties, assault, etc.

However, all of the crimes of this case are recognized by the Defendant, and it reflects the mistake; the Defendant deposited KRW 300,000 for two police officers who were injured by the crime causing interference with the performance of special duties of this case; the degree of injury inflicted by the police officers; the degree of indecent act committed by the Defendant; and the degree of indecent act committed by the police officers; and the Defendant has no record of criminal punishment exceeding the fine, etc. are favorable to the Defendant.

위와 같은 사정들과 그 밖에 피고인의 나이, 성 행, 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 변론에 나타난 모든 양형조건 및 대법원 양형 위원회 제정 양형기준의 권고 형량 범위 ◈ 법률상 처단형의 범위: 징역 1년 6월 ~ 20년 ◈ 양형기준상 권고 형의 범위 각 특수 공무집행 방해 치상죄 [ 유형의 결정] 공무집행 방해범죄 >...