공무집행방해
The prosecutor's appeal is dismissed.
1. The gist of the reasons for appeal is that it is improper to set the sentence of the lower court (a fine of 4 million won, a fine of 6 million won, and a fine of 6 million won) too uneased.
2. Determination:
A. The crime of this case committed by Defendant A was committed by the police officers who were called up after receiving a report of 112 and attempted to arrest female-friendly B as an offender in the act of committing an offense, and the nature of the crime is no longer severe than that of the crime.
However, considering the fact that the Defendant recognized each of the crimes in this case and divided his mistake, that the Defendant did not have any history of having been punished for the same crime or having been sentenced to a suspended sentence or heavier punishment, that the Defendant suffers from a mental health disease of “personal disorder”, and that the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and other various circumstances, which form the conditions for the sentencing specified in the record, such as the circumstances after the crime, are too uneasible and unfair.
B. The crime of this case committed by Defendant B committed an assault to the police officer who was called out to be arrested of the Defendant as a flagrant offender after receiving 112 report after the Defendant assaulted the victim L who was put to trial on the way, and was tried to arrest the Defendant as an offender in the act of committing an act of violence, damaging the patrol vehicle, and damaging the victim E-car without any specific reasons for three months thereafter, and committing an assault to the police officer who was called out to be arrested of the Defendant as an offender in the act of committing an act of violence, and the nature of such offense is not weak.
However, the records, such as the defendant's age, sex, environment, relationship with the victim, motive, means and consequence of the crime, etc., are shown in the following circumstances: (a) the defendant recognized each of the crimes of this case as a primary offender and divided his mistake; (b) the defendant did not want the punishment of the defendant; and (c) the defendant suffers from the mental health disease, such as the "stimulative disorder," and (d) the defendant suffers from the mental health disease.