Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The punishment of the lower court (the fine of KRW 2.5 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). It is recognized that the Defendant appeared to have committed each of the crimes of this case while recognizing each of the crimes of this case, and that the Defendant committed each of the crimes of this case in a state with weak mental and physical disorder due to cerebrism, etc.

However, in light of the circumstances and methods of each of the crimes of this case, such as avoiding disturbance at the police station without any particular reason, the nature of the crime is not good, and even before each of the crimes of this case, the defendant has the record of criminal punishment of fines due to the crime of obstruction of performance of special duties, etc., and the records and all of the sentencing factors of this case, including the defendant's age, character and conduct, motive and circumstance of the crime, means and method of the crime of this case, and circumstances after the crime, shall not be deemed to have exceeded the reasonable scope of discretion, or to be too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.