Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment of the lower court (7 million won of a fine) imposed on the Defendant is too unreasonable.
B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.
2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime; (b) the Defendant did not have any record of having been punished for obstruction of performance of official duties; (c) the police officer did not have a superior position due to the instant crime; and (d) the fact that the Defendant appears to be a contingent crime in light of the circumstances leading to the instant crime.
However, since the crime of this case is committed by assaulting a police officer dispatched by the defendant upon receiving a report and obstructing legitimate performance of official duties, it is not good that the crime of this case is committed, and the crime of this case is committed during the period of repeated crime, which is disadvantageous to the defendant.
In addition, considering all the conditions of sentencing specified in the instant pleadings, such as the Defendant’s age, character and conduct, the background of the instant crime, and the circumstances after the instant crime, the sentence imposed by the lower court is appropriate, and it cannot be deemed unfair because it is too excessive or too excessive. Therefore, the above assertion by the Defendant and the Prosecutor is without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.