공무집행방해등
All appeals filed by the defendant and prosecutor are dismissed.
1. The defendant asserts that, with respect to the punishment (two months of imprisonment and a fine of six hundred thousand won) declared by the court below, the prosecutor is too uneased and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no new circumstance to change the sentence of the lower court in the trial. Considering that the reasons for sentencing as stated by the lower court are the Defendant’s age, character and conduct, records of crimes, criminal records, how and how the crime was committed in this case, degree of damage, circumstances after the crime, etc., as a whole, given that the sentence imposed by the lower court was conducted within the reasonable scope of discretion and is not hot or minor.
3. In conclusion, 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.