공무집행방해등
The prosecutor's appeal is dismissed.
An application for compensation shall be dismissed.
1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unhued and unreasonable.
2. Determination
A. Examining the sentencing conditions as indicated in the records and arguments of this case regarding the grounds for appeal and the reasons for sentencing of the lower judgment, considering all the circumstances alleged by the prosecutor as the grounds for appeal, the lower court’s sentence cannot be deemed as being too uneasible and unfair, and there is no significant change in circumstances that may be considered in the sentencing of the Defendant after the lower judgment.
The prosecutor’s assertion of unfair sentencing is not acceptable.
B. In light of the fact that the applicant for compensation filed an application for compensation with respect to KRW 280,460 when the judgment on the application for compensation was in the trial, but the Defendant paid KRW 280,460 to the applicant for compensation, and the Defendant’s crime was not the crime of defraudation directly committed by the applicant for compensation, it is not reasonable to issue an order for compensation because the scope of the Defendant’s liability for compensation is not clear.
The application of the applicant for compensation is rejected.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. The application for compensation order is dismissed in accordance with Article 32 (1) 3 of the Act on Special Cases Concerning the Promotion, etc.