Text
All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. The summary of the grounds for appeal argues that the court below sentenced the defendant to a fine of five million won, and the prosecutor asserts that the sentence of the court below is too uneasible and unfair, and the defendant asserts that the sentence of the court below is too unreasonable.
2. We examine both the examination of the grounds for appeal and the Defendant’s assertion of unfair sentencing.
The fact that the obstruction of performance of official duties is a reason for sentencing unfavorable to the defendant, and thus, it is necessary to take strict measures because of the light and infringement of legitimate public authority. On the other hand, while the defendant did not have any history of punishment for the obstruction of performance of official duties, and all of the crimes of this case are recognized. The degree of damage to each of the crimes of this case is relatively minor
However, in light of the above circumstances, comprehensively taking account of the Defendant’s age, motive, background, means, and consequence of the crime, the circumstances after the crime, and other various circumstances, etc., which are the conditions for sentencing as indicated in the instant records and pleadings, the lower court’s punishment is too heavy or is deemed unreasonable. Thus, the prosecutor and the Defendant’s assertion are without merit.
3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.