공무집행방해등
The judgment below
The part concerning Defendant B shall be reversed.
Defendant
B shall be punished by a fine of seven million won.
Defendant
B.
1. The summary of the grounds for appeal (defendant A: fine of KRW 3 million, and fine of KRW 7 million) declared by the lower court is too uneasible and unreasonable.
2. The lower court sentenced Defendant A to a fine of KRW 3 million, taking into account the circumstances unfavorable to the Defendant, favorable to the Defendant, etc.
When comprehensively considering the conditions of sentencing, the sentencing judgment of the court below exceeded the reasonable limit of its discretion in light of the sentencing criteria, the sentencing criteria, etc.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
In addition, even if the circumstances and results of the instant crime were to be comprehensively considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.
Therefore, prosecutor's assertion is without merit.
3. Before determining the grounds for appeal by the prosecutor in charge of the judgment on Defendant B, this paper examined ex officio.
In a case where a sentence of punishment, which was chosen among punishment prescribed for a crime, is a fine for repeated crime, it cannot be the subject of aggravated punishment (see Supreme Court Decision 82Do1018, Jul. 27, 1982). The lower court erred by applying Article 35 of the Criminal Act, even if the lower court selected a fine for each of the instant crimes, and applied Article 35 of the Criminal Act, and affected the judgment. Accordingly, the lower judgment cannot be maintained.
3. The prosecutor's appeal against Defendant A is dismissed on the ground that it is without merit.
In addition, since the part of the judgment of the court below concerning Defendant B is subject to the above ex officio reversal, the prosecutor's decision on the prosecutor's unfair argument of sentencing is omitted, and the part concerning Defendant B among the judgment of the court below ex officio pursuant to Article 364 (2) of the Criminal Procedure Act is reversed, and it is again decided following the pleading
[Judgment as to Defendant B] Criminal facts and summary of evidence recognized by this court, and evidence as to them.