Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (seven million won of a fine) of the lower court is deemed to be too unhued and unreasonable.
2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, there is a need to strictly punish the obstruction of performance of official duties, and the accused may be subject to violence, and in particular, on August 14, 2013, the Defendant again committed the instant crime while having been sentenced to a three-year suspended sentence for a two-year period of imprisonment due to the crime of rape, which is disadvantageous to the Defendant during the suspended sentence period.
However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects the mistake; (b) the police officer, who is the subject of the instant crime, does not want the Defendant’s punishment; and (c) the Defendant’s age, character and conduct, environment, and circumstances before and after the instant crime, etc., the lower court’s punishment against the Defendant cannot be deemed unfair because it is too uneasible.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.