공무집행방해등
All appeals filed by the Defendants and by the Prosecutor against Defendant A are dismissed.
1. Summary of grounds for appeal;
A. Defendants 1) Physical and mental weak Defendants were under the influence of alcohol at the time of committing the instant crime.
2) The punishment sentenced by the lower court to the Defendants (Defendant A: a fine of KRW 7 million, Defendant B: a fine of KRW 4 million) is too unreasonable.
B. Each of the above forms of the lower court’s judgment is deemed to be too unhued and unreasonable.
2. Determination
A. In light of the record of judgment on the assertion of mental and physical weakness, the Defendants committed the instant crime under the lack of the ability to discern things or make decisions at the time of the instant crime.
Therefore, this part of the Defendants’ assertion is without merit.
B. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared to the first instance court’s determination on the unfair argument of sentencing, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not differ from the first instance court’s judgment on the sole ground of the difference between the appellate court’s opinion and the lower court’s opinion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, the lower court determined the sentence within a reasonable scope by fully considering all the circumstances of the Defendants’ sentencing, including the nature of the crime in this case, the Defendants’ criminal records, the degree of violence, and the victims’ intention not to punish the victims, and there is no change in the conditions of sentencing, and thus, it is reasonable to respect the sentencing of the lower court on the grounds that there is no change in the conditions of sentencing.
Therefore, we cannot accept the defendants' and prosecutor's argument of sentencing.
3. In conclusion, the Defendants’ appeal and the Prosecutor’s appeal against Defendant A are without merit, and thus, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.