공무집행방해
All of the appeals by prosecutors are dismissed.
The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendants to the punishment (a fine of 3 million won for each of the 3 million won) is unfair because it is too uneasible.
Judgment
It is not easy for the defendants to commit crimes in that they committed abusive assault and assault against police officers in performing their duties to arrest flagrant offenders.
However, in full view of the following facts: ① the Defendants recognized their mistakes; ② the Defendants appears to have caused them to commit the instant crime in an interesting situation due to the alcohol price problem; ③ Defendant A was the first offender; Defendant B was punished for a violation of the Punishment of Violences, etc. Act in 1994; and there was no other criminal history; and other all the sentencing conditions, including the Defendants’ age, sex behavior, environment, and circumstances after the commission of the crime, etc., the sentence against the Defendants cannot be deemed as unfair because the sentence against the Defendants is too uneasible.
In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals by the prosecutor are without merit. It is so decided as per Disposition.