공무집행방해등
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal that the court below rendered is unreasonable because each of the punishments (a fine of 4 million won for defendant A, and a fine of 3 million won for defendant B) declared by the court below is too uneasible.
2. Determination of the crime of this case is recognized that the crime of this case is committed by assaulting a police officer who performs official duties to interfere with the performance of official duties and to inflict an injury on a police officer, and thus, it is necessary to strictly punish the police officer in light of the recent situation of public authority, and Defendant B has the record of the crime punished for the same kind of crime
However, in light of the fact that the Defendants are breaking their mistakes in depth, Defendant A did not have the criminal history of being punished for the same kind of crime, Defendant B did not have the criminal history of being punished heavier than the fine, and the Defendants’ age, sex and behavior, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment is too uneasible and unreasonable.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor’s appeal against the Defendants is without merit, and it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 50 of the Criminal Procedure Act: Provided, That since it is apparent that the sentence was omitted due to this mistake, it is corrected to add it ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure, since it is apparent that the sentence was omitted.)