공무집행방해
All appeals filed by the defendant and prosecutor are dismissed.
1. As to the grounds for appeal of this case, the fact that the Defendant recognized the instant crime and is against the recognition thereof, that there was no record of punishment for the same kind of crime, and that the degree of assault used by police officers is relatively minor, etc. are considered in favor of the Defendant.
However, the crime of this case is a case where the defendant was under the influence of alcohol in a telecom and tried to commit direct assault against the body of police officers and destroy patrol cars, and thus the nature of the crime is not weak, and there is no circumstance to deem that police officers who were assaulted by the defendant from the defendant up to the time of the trial to the trial as being the front and rear of the defendant. Considering the various sentencing conditions indicated in the records, such as the defendant's age, character and conduct, family relation, circumstances leading to the crime, and circumstances after the crime, the court below's punishment (five million won of fine) cannot be deemed unfair because it is too excessive or too excessive.
2. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.