특수공무집행방해
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment against the Defendants (a fine of two million won for Defendant A, and a fine of 1.5 million won for Defendant B) is too unreasonable.
2. The circumstances favorable to the Defendants include: (a) the Defendants recognized the instant crime; (b) there was no past record of criminal punishment for the same kind of crime; and (c) the fact that damaged public officials do not want the punishment of the Defendants by mutual consent with the victimized public officials.
On the other hand, the crime of this case is a situation unfavorable to the defendant, such as: (a) the Defendants committed the crime of this case with a dangerous object through the threat of multiple force; and (b) assaulting public officials in the regular Eup/Myeon who prevented the Defendants from establishing an illegal tent; (c) the nature of the crime is not good; and (d) the State’s legal order and order are established and eradicate public peace; and (d) there is a need to strictly punish the crime of obstructing the execution of public duties; and (e) the lower court already sentenced to a fine reduced than a summary order taking into account the favorable circumstances favorable to
In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of the instant case, such as the background of the instant crime, the age of the Defendants, sexual conduct, environment, etc., the lower court’s punishment against the Defendants is too unreasonable, and thus, the Defendants’ assertion is without merit.
3. In conclusion, the Defendants’ appeal is without merit. Thus, all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.