Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (an amount of KRW 3 million) is too unreasonable.

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

2. We also examine the argument that the Defendant and the prosecutor’s sentencing are unfair.

In our criminal litigation law that takes the principle of trial-oriented and directness, it is reasonable to respect the determination of sentencing in cases where there exists 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 Decision 2015Do3260 Decided July 23, 2015). The Defendant appears in the attitude to recognize and reflect each of the instant crimes, and the degree of assault against police officers who have suffered damage to the performance of official duties is not relatively more serious, and the amount of damage to property and fraud is not less significant, etc. is favorable to the Defendant.

The fact that the defendant agreed with the victim of the crime of damage to property and fraud or did not receive an application from the victim, and that the defendant had been punished twice due to the violation of the Punishment of Minor Offenses Act due to the disturbance of cancellation of the government office's order before the crime of damage to property.

In full view of the above circumstances, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive and background of each of the instant crimes, means and methods thereof, and all the sentencing factors expressed in the instant records and the trial process, such as the circumstances after the commission of the crime, etc., the sentence imposed by the lower court cannot be deemed to be unfair because it exceeded the scope of reasonable discretion, is too heavy, or is too low.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.