공무집행방해등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the prosecutor by the court below on the defendant (7 million won in penalty) is too unhued and unfair.
B. The sentence imposed by the Defendant by the lower court is too unreasonable.
2. We examine both the judgment prosecutor and the defendant's respective unfair arguments in sentencing, and the crime of this case is a case where the defendant interfered with restaurant business and assaulted against two police officers who restrain the defendant from doing so, and the quality of the crime is not somewhat weak.
However, in full view of the favorable circumstances, such as the fact that the defendant has no history of punishment for the same crime, the recognition of the crime in this case and the violation of the mistake, the submission of a written agreement to the victims, the fact that the defendant is a contingent crime under the influence of alcohol, and other favorable conditions of sentencing as shown in the records and arguments of this case, including the defendant's age, sex, conduct, environment, circumstances leading to the crime, means and consequence, the circumstances after the crime, etc., the sentencing judgment of the court below exceeded a reasonable limit of discretion.
There are no circumstances such as evaluation or maintenance of it is deemed unfair.
Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible or unreasonable, or it cannot be deemed unfair because it is too unreasonable as the defendant asserts, so the prosecutor's and the defendant's above assertion are without merit.
3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.