공무집행방해
All of the appeals by prosecutors are dismissed.
1. The summary of the grounds for appeal (defendant A: six months of imprisonment; two years of probation; two years of community service order; 80 hours of community service order; and 5 million won of fine) of the lower court is too unhued and unreasonable.
2. The Defendants’ unfavorable circumstances are as follows.
The Defendants assaulted police officers who perform their duties in uniform and thereby damaged the public authority with respect to the enforcement of the law.
The Defendants, together with the police officers, exercised a direct force on the body of police officers and interfered with the arrest of flagrant offenders.
The circumstances favorable to the Defendants are as follows.
Defendants recognize and reflect each of the instant crimes.
Defendant
A has no record of punishment for a criminal offense exceeding a fine.
Defendant
B There are no criminal records of the same kind since 2009.
Defendant
B agreed with the victim.
In addition, considering the Defendants’ age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and theories, such as the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be 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 grounds that the appeal is without merit. It is so decided as per Disposition.