공무집행방해
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.
2. The determination of sentencing is based on the statutory penalty, with a discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on which our Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area of the first instance trial regarding the
In addition, considering these circumstances and the ex post facto nature of the appellate court, it is reasonable to respect the sentencing conditions in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, even though the sentence of the first instance court is somewhat different from the opinion of the appellate court,
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no significant change in circumstances to view that the sentencing of the accused is disadvantageous after the sentence of the lower judgment is rendered.
In this court, the defendant agreed with the victimized police officer.
In full view of the circumstances alleged in the grounds of appeal, including these circumstances, the lower court’s sentence exceeded the reasonable scope of discretion, even if the Prosecutor considered all the circumstances alleged in the grounds of appeal, such as the Defendant’s age, character and conduct, environment, family relationship, history of punishment, motive and background of the crime, and circumstances after the crime.
The prosecutor's assertion of unfair sentencing is not accepted.
3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.