공무집행방해등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence of the lower court (a fine of KRW 5 million for the defendant A, and a fine of KRW 3 million for the defendant B) is too uneased and unreasonable.
2. Determination of sentencing is based on statutory penalty, discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting conditions for sentencing prescribed in Article 51 of the Criminal Act.
However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the judgment of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing in the course of the first instance sentencing review and the sentencing criteria, etc., or where it is deemed unfair to maintain the first instance sentencing as it is in full view of the materials newly discovered in the course of the appellate court’s sentencing review.
In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In most cases, the circumstances alleged by the prosecutor as an element of sentencing were revealed in the proceedings of pleadings by the lower court. There is no particular change in the changes in the sentencing guidelines with respect to the matters subject to the conditions of sentencing after the sentence of the lower judgment was rendered.
In addition, considering the following circumstances, comprehensively taking account of the Defendants’ age, character and conduct, environment, and circumstances after the commission of the crime, the lower court’s punishment that the Defendants sentenced to cannot be deemed as being too uneasible and unreasonable.
3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.