공무집행방해
All prosecutor's appeal against the Defendants is dismissed.
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the Defendants (for each of four months of imprisonment and two years of suspended sentence) is too unhued.
2. The crime of this case was committed by the police officers upon receiving a report from the Defendants, who had been enjoying amusement at a singing place, against the main operators, etc., and the Defendant A took charge of regulating the violation of the Food Sanitation Act. The Defendant A, while taking a bath to police officers, took the police officers’ booms by hand, and Defendant B, upon taking a bath to the police officers, took the booms of the police officers, prevented the police officers from going to the main operators, etc., thereby obstructing the police officers’ legitimate performance of their official duties, and the nature of the crime is not good.
In addition, in order to establish a law and order and eradicate the danger of public power, it is necessary to strictly punish police officers who wear their uniform to commit crimes that interfere with the performance of public duties.
However, there are more favorable circumstances such as the Defendants’ confession of their crime and reflects the Defendants’ mistake in depth, the degree of assault committed by the Defendants is minor, and the police officers and police officers who suffered damage agree with the Defendant that the said police officers have not been punished against the Defendants, and that the Defendants have no record of punishment exceeding the same criminal record or fine.
In addition to the above circumstances, taking into account the Defendants’ age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., various sentencing conditions as shown in the instant records and arguments, such as the judgment of the court below cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain them as they are.
Therefore, the prosecutor's improper argument of sentencing is without merit.
3. In conclusion, the prosecutor's appeal against the Defendants is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.