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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment of the lower court (7 million won of a fine) is excessively unreasonable.
B. The prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. The fact that the defendant is aged 61 years old, the confession of the crime of this case, and the degree of violence in the obstruction of performance of official duties, and the fact that the police officer F and the defendant agreed with the defendant is an element of sentencing favorable to the defendant.
B. The Defendant had eight criminal records due to violence and obstruction of performance of official duties (two times a suspended sentence, six times a fine), and there are many of these criminal records. The instant crime is an unfavorable sentencing factor against the Defendant, which is disadvantageous to the Defendant, inasmuch as the Defendant took a bath and assault against the police officer who was sent to the police station after being able to fright and reported her sexual intercourse at the restaurant under the influence of alcohol, and her sexual intercourse with the same criminal records and criminal records. The Defendant was sentenced to two years of a suspended sentence for the crime of obstruction of official duties, and was sentenced to two years of a suspended sentence for the crime of obstruction of performance of official duties, and again prevented the instant crime from committing the instant crime while committing the instant crime during the suspended sentence period.
C. It is not determined that the lower court’s punishment is too heavy or unreasonable on the ground that the aforementioned sentencing factors are deemed unreasonable, taking into account the following circumstances: the Defendant’s character and conduct, the motive, means and method of committing the instant crime, and the circumstances after committing the crime.
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.