절도등
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The appellate court's sentence against the Defendants on the summary of the reasons for appeal is unreasonable because it is too unfasible to the extent that it is too unfasible (for defendant A: 6 months of imprisonment, 2 years of suspended execution, 40 hours of community service, 3 million won of fine).
2. Each of the instant crimes committed by Defendant A commits a theft of the victim’s mobile phone, and the police officers who were dispatched to the victim’s report by the victim’s desire or assaulted by the Defendants to obstruct the performance of their official duties, and the nature of the crime is not good. In order to establish the state’s legal order and eradicate the light of public authority, there is a need to strictly punish the Defendants for a crime interfering with the performance of official duties.
However, in full view of the following factors: (a) the Defendants recognized all of the instant offenses; (b) Defendant A agreed with the victim of the larceny; (c) the Defendants appears to have caused each of the instant offenses in a somewhat contingent and contingent manner under the influence of alcohol; and (d) the Defendants’ age, sex, family environment, motive and background of the commission of the offense; (b) the means and consequence of the commission of the offense; and (c) the various sentencing factors indicated in the trial process, such as the circumstances after the commission of the offense, etc., the Defendants’ punishment against the Defendants cannot be deemed unfair because the lower court’s punishment is too uneasible and unfair
3. In conclusion, the Prosecutor’s appeal against the Defendants is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.