공무집행방해등
All appeals by the Defendants and by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal (unfair sentencing) asserts that with respect to each sentence sentenced by the lower court against the Defendants (for Defendant A: 2 years of suspended sentence of imprisonment in May and 100 hours of community service work, Defendant B: 4 million won), the Defendants asserted that the sentence is too unreasonable because the sentence is too unreasonable, and that the prosecutor is too uncompared and thus unfair.
2. We examine both the Defendants and the Prosecutor’s respective arguments regarding sentencing.
If there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
As stated in the reasoning of the sentencing, the lower court determined the sentence in consideration of the favorable and unfavorable circumstances for the Defendants, and there was no change in the sentencing conditions of the lower court on the grounds that new sentencing materials have not been submitted in the first instance court. In full view of the circumstances stated by the lower court, including the Defendants’ age, sex, environment, family relationship, circumstances, and result of the crime, as well as various sentencing conditions in the pleadings, such as the Defendants’ age, sex, criminal conduct, family relationship, and circumstances after the crime, the lower court’s each sentence is too heavy or less severe
subsection (b) of this section.
Therefore, the defendants and the prosecutor's arguments are without merit.
3. In conclusion, the appeal by the Defendants and the appeal by the public prosecutor against the Defendants is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.