공무집행방해등
Defendant
All appeals by prosecutors are dismissed.
1. The summary of the grounds for appeal is unreasonable because the punishment of a fine of eight million won imposed by the court below against the defendant is too heavy or unhued.
2. As to the allegations by both parties of the judgment, the following circumstances are acknowledged: (a) the Defendant recognized each of the crimes of this case as committing each of the crimes of this case; (b) the degree of damage is relatively minor; (c) the degree of damage is agreed with the victim D; (d) economic circumstances are not reasonable; and (e) there is a family member to provide support, such as his or her husband and wife who
On the other hand, each of the crimes of this case interferes with the business of the above main points by viewing that the defendant does not have a job from the victim at the main point in the management of the victim and making it difficult for him to do so. The defendant assaulted the police officer dispatched after receiving a report to avoid the disturbance as above and obstructed the performance of official duties of public officials. In light of the circumstances of the crime, contents, etc., it is not easy for the case to be light, and there was 22 times or more of punishment due to the same kind of crime, etc., and in particular, he was sentenced to imprisonment with prison labor for six months on February 22, 2012 for obstruction of performance of official duties.
7. 9. After the completion of the execution of the sentence, circumstances such as the occurrence of each of the instant crimes are also recognized, even if they were committed during the repeated crime period.
In full view of the circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age, environment, occupation, family relation, background leading to the instant crime, and circumstances after the commission of the crime, the lower court’s punishment cannot be deemed to be appropriate, hot or unreasonable.
Therefore, the defendant and the prosecutor's argument are without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.