공무집행방해
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The lower court’s sentence (Defendant A: a fine of KRW 5 million; Defendant B: a fine of KRW 3 million) against the Defendants on the summary of the reasons for appeal is deemed to be too uneasible and unreasonable.
2. The Defendants’ joint determination that the Defendants assaulted police officers, and that the degree of the assault was not somewhat weak is disadvantageous to the Defendants.
However, in light of the fact that the Defendants both recognize and reflect the crimes, Defendant A did not have any criminal record other than the punishment of fine due to drinking, driving without a license, and Defendant B did not have any criminal record in the Republic of Korea, the lower court’s punishment was excessively unhued so that it exceeded the reasonable scope of discretion.
shall not be deemed to exist.
3. The appeal against the Defendants by the prosecutor in conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.