폭력행위등처벌에관한법률위반(공동상해)등
Defendant
All appeals filed by B, C, and Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The lower court’s sentencing (for Defendant A: 2 years of suspended sentence and probation in October, Defendant B: fine of 4 million won, Defendant C: fine of 3 million won) against the Defendants by the prosecutor is too uneased and unreasonable.
B. The sentencing of Defendant B and C is too unreasonable.
2. Determination
A. The crime of obstruction of the performance of official duties against Defendant A is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and there is a need for strict punishment, and Defendant A committed each of the crimes in this case even though he was tried for the same kind of crime at the time.
However, in full view of all the sentencing conditions, including the Defendant A’s age, character and conduct, environment, motive, means and consequence of each of the instant crimes, and circumstances after the commission of the crime, the sentence imposed by the lower court to the Defendant A is too uneasy and unreasonable, and thus, the Prosecutor’s assertion of unfair sentencing on the Defendant A is without merit, since it is not recognized that the sentence imposed by the Defendant A is too uneasy and unreasonable.
B. It is recognized that the crime of obstruction of performance of official duties against Defendant B and C is a crime that has undermined legitimate exercise of public authority and thus has a need for strict punishment, and that Defendant B has a record of having been punished several times by fines due to the violation of the Military Service Act, etc.
However, Defendant B and C are fully aware of each of the crimes in this case and they reflect their mistakes in depth, Defendant C has no record of other crimes except for those subject to a fine one time due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) prior to ten years, and Defendant B and C are the degree of participation in each of the crimes in this case.