공무집행방해
All of the appeals by prosecutors are dismissed.
1. The main point of the grounds for appeal is that each of the lower court’s punishments (three million won per fine) against the Defendants is too uneased and unreasonable.
2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, the fact that the crime of obstruction of performance of official duties, such as this case, requires strict punishment, is disadvantageous to the Defendants.
On the other hand, the defendants recognize the crime of this case and reflect the mistake, the degree of assault is relatively minor, the defendant A did not have any criminal records or fines exceeding the same kind of criminal records or fines, and the defendant B was operated in around 2012, and the fact that the defendant B is the first criminal, and the fact that the defendant B is a second-class defect with delay and hearing impairment is favorable to the defendants.
In addition, comprehensively taking account of the Defendants’ age, character and conduct, environment, the circumstances and result of the instant crime, and all of the sentencing conditions indicated in the instant case, such as the circumstances after the commission of the crime, it is not recognized that the lower court’s punishment is too uneasible and unfair. Therefore, the Prosecutor
3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.