공무집행방해
All of the appeals by prosecutors are dismissed.
1. The summary of the grounds for appeal that the court below sentenced the Defendants to the punishment (a fine of three million won per each) is deemed to be too uneasible and unfair.
2. The crime of this case committed by the Defendants upon receipt of the report by the police officers, who were asked questions about the personal information from the Defendants, was committed by Defendant B, and Defendant B used flaps with flab by a police officer I’s chest, and flabing flabs. Defendant C used flab by flabs, which obstructed a police officer’s legitimate performance of official duties by assaulting the police officer K’s breast part on hand, flab with the left shoulder part on his hand, and flabing the attached flab by flabing the attached flab by hand, etc., and the nature of the crime is not good.
In addition, in order to establish a law and order and eradicate the danger of public power, it is necessary to strictly punish police officers who wear their uniform to commit crimes that interfere with the performance of public duties.
However, there are favorable circumstances such as the Defendants’ confessions of all the instant crimes and reflects the Defendants’ mistake in depth, the degree of assault against police officers is not much serious, and the police officers and police officers who suffered damage agree with the agreement that the said police officers have not been punished against the Defendants, and the Defendants have no record of being punished in Korea.
In addition to the above circumstances, taking into account the Defendants’ age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., various sentencing conditions as shown in the instant records and arguments, such as the judgment of the court below cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain them as they are.
Therefore, the prosecutor's improper argument of sentencing is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition on the ground that the prosecutor's appeal is without merit.