Defendant

All appeals filed by C and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The punishment of Defendant C (a fine of three million won) sentenced by the lower court against Defendant C is too unreasonable.

B. The lower court’s sentence (a fine of KRW 3 million) imposed on the Defendants is too unhued and unreasonable.

2. As to the prosecutor’s appeal against Defendant B, Defendant B interfered with the police officer’s performance of official duties in collusion with Defendant C without any justifiable reason. In light of the means and methods of assault, the nature of the crime is not less and less than that of the crime, but the crime of this case was committed during the period of repeated offense, etc., which is disadvantageous to the above Defendant.

However, in full view of the following facts: Defendant B’s mistake and reflects; the victimized police officers submitted an application for no punishment to the above Defendant at the lower court; the fact that there was no record of punishment for the same kind of crime since 2006; and other various sentencing conditions indicated in the records and arguments of this case, including Defendant B’s age, character and conduct, environment, motive and circumstances of the crime, means and consequence, and circumstances after the crime, the sentence of the lower court cannot be deemed unreasonable.

Therefore, the prosecutor's above assertion is without merit.

3. As to the assertion on Defendant C and the Prosecutor’s Defendant C, Defendant C conspired with Defendant C to interfere with the performance of official duties by police officers without justifiable grounds, and the nature of the crime is not exceptionally given in light of the means and methods of assault.

However, taking account of the fact that Defendant C acknowledges and reflects his mistake, the fact that there was no record of punishment for the same kind of crime, and all of the sentencing conditions in the instant case, such as Defendant C’s age, character and conduct, environment, motive, circumstance, means and consequence of the crime, and circumstances after the crime, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable.

Therefore, the above argument by the defendant C and the prosecutor is without merit.

4. As such, the appeal by the defendant C and the prosecutor is groundless, and Article 364 of the Criminal Procedure Act is not reasonable.