특수공무집행방해등
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal appealed from the lower court’s punishment [one year and four months of imprisonment, confiscation (Evidence No. 1 and No. 2)], which is too unreasonable, and the prosecutor appealed from the lower court’s punishment so far as the latter’s punishment is too unfeasible and unfair.
2. Each of the instant crimes committed on the basis of the following facts: (a) the Defendant violated a special duty to observe the protection and observation of a specific criminal suspect several times without justifiable grounds; and (b) threatened the protective observation officers visiting to verify the violation with a pipe, knife, etc.; and (c) committed the instant crime only for three months after he/she was released without being aware of the nature of the crime in light of the circumstances of the crime, method, content, risk, etc. of the crime; and (d) committed the instant crime at least 3 months after he/she was released from the facility without being aware of the fact that the criminal history of the crime, such as assault, bodily injury, and sexual assault, is more than 10 times (five times of sentence among them).
However, in full view of the favorable circumstances, such as the fact that the Defendant was aware of the fact that the Defendant committed a crime in the course of a party’s trial, and other favorable conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime, etc., it does not seem that the lower court’s punishment is too heavy or unreasonable.
The grounds for each appeal are without merit.
3. As such, the appeal filed by the defendant and the prosecutor 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.