Text
The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 5,00,000) is too unhued and unreasonable.
2. The crime of this case committed by the Defendant by assaulting a police officer with legitimate performance of official duties, obstructing the performance of official duties, insultingly insulting a police officer, which is not good in light of the criminal law, and requires strict punishment for obstructing the performance of official duties by the police officer in uniform to enhance the national public authority.
However, in full view of the favorable circumstances, such as the fact that the defendant's mistake is divided and reflected by himself, and has been faithfully living without the criminal records so far, and all of the sentencing conditions indicated in the instant case, such as the age, sexual conduct, environment, the circumstances and result of the instant crime, etc., the prosecutor's allegation is without merit, since the sentence of the court below is too uneasible and unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.