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All appeals by the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (Defendant A: imprisonment for 8 months, 2 years of probation, 120 hours of community service order, Defendant B: fine of 3 million won) is too unreasonable.
2. The facts that the Defendants recognized the instant crime and reflected his mistake, Defendant A deposited KRW 600,00 for the police officer who suffered damage in the original trial, and Defendant B did not have any criminal records exceeding the same criminal record or fine, are favorable circumstances.
However, the crime of this case was committed by assaulting the victimized police officers who were dispatched to the scene after receiving the report of 112 by the Defendants, such as when the victimized police officers sent their chests several times or bruting them, and thus obstructing the legitimate execution of duties by the police officers. The nature of the crime was very poor, the Defendants did not agree with the victimized police officers until now, and Defendant A had the record of punishment for the same kind of crime in the past.
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.
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 defendants' argument of sentencing is without merit.
3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.