공무집행방해
All appeals filed by the defendant and prosecutor are dismissed.
1. As to the summary of the grounds for appeal (e.g., a fine of 4 million won) by the lower court, the Defendant asserts that the prosecutor is too unfasible and unfair.
2. The crime of this case is a situation unfavorable to the defendant, in which the crime of this case was committed in order to establish the state’s legal order and eradicate the light of public authority, and there is a need to strictly punish the crime of obstruction of performance of official duties.
On the other hand, there is no record of criminal punishment or criminal punishment exceeding a fine for the same crime before, and the fact that the degree of violence against the victimized police officer is relatively minor, etc. are favorable to the defendant.
In full view of the above circumstances and other factors of the instant crime, the Defendant’s age, character and conduct, and environment, etc. as well as the various sentencing conditions shown in the instant records and arguments, it seems that the lower court’s punishment is too heavy or unreasonable. Therefore, the Defendant and the prosecutor’s assertion are without merit.
3. In conclusion, the appeal by the Defendants 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.