특수공무집행방해등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too unhued and unreasonable.
2. In light of the following facts: (a) the Defendant had several criminal records for the same kind of crime; and (b) the Defendant had completed the execution of punishment for the same kind of crime; (c) even during the period of repeated crime; (d) even if the Defendant committed the instant crime, the nature of the crime is less severe; (c) the Defendant’s mistake was recognized at the time of the trial; (d) the Defendant has reached a unanimous agreement with both the victims of violence and the public officials of the obstruction of performance of official duties; (e) the Defendant’s health is not good; and (e) other conditions of sentencing indicated in the oral argument, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the sentence of the lower court is too heavy or unreasonable. Therefore, each of the aforementioned arguments by the Defendant and the public prosecutor are without merit.
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.