The judgment of the court below is reversed.

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000 and by a fine of KRW 4,00,000.

1. The summary of the grounds for appeal that the court below rendered is unreasonable because each of the punishments imposed by the court below (a fine of 4 million won, a fine of 2 million won, and a fine of 2 million won) is too unied.

2. It is recognized that the Defendants did not have any history of punishment heavier than a fine, the degree of injury was not severe, and Defendant A agreed with the victim F.

However, in light of the form of each of the crimes in this case, the nature of the crime is bad, the crime of obstructing the performance of official duties in this case was committed by assaulting police officers in the course of performing official duties, and thus obstructing the performance of official duties, and there is a need to strictly punish them in consideration of the recent situation of public authority. Defendant A did not agree with the victim D; Defendant B did not agree with the victim; Defendant B had the record of having been punished for violent crimes; and other factors of sentencing as shown in the arguments in this case, such as the Defendants’ age, sexual behavior, environment, motive, means, and consequence of each of the crimes in this case; and the circumstances after the crime, etc., it is recognized that the punishment imposed by the court below is unfair because it is too small.

3. Accordingly, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 257(1) of each Criminal Act (the point of injury) and Articles 136(1) and 30 of each Criminal Act (the point of obstructing the performance of official duties);

B. Defendant B: Articles 136(1) and 30 of the Criminal Act

1. Articles 40 and 50 of each Criminal Act of the ordinary concurrent crimes (the punishment imposed on a police officer who has heavier penalty than each other to interfere with the execution of official duties, and the punishment imposed on a police officer H who has heavier penalty);

1. Selection of each alternative fine for punishment;

1. A aggravated Defendant A: the former part of Article 37 of the Criminal Act and Article 38(1)2 of the Criminal Act.