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All appeals filed by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (Defendant A: a fine of KRW 3.5 million, Defendant B: a fine of KRW 1.2 million) is too unreasonable.
B. The lower court’s sentence against Defendant A of the Prosecutor is too unhued and unreasonable.
2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared with the first instance court, if the first instance court did not change the conditions of sentencing, and if the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance court falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not differ from the first instance court by destroying the first instance judgment solely on the ground that the difference between the opinion of the appellate court and the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As new sentencing data are not submitted at the trial, there is no change in the sentencing conditions compared with the lower court, and there is no agreement with the victim, and the Defendants did not have any specific criminal history, and the degree of interference with the assault of the instant case and the execution of official duties, the lower court’s punishment is too heavy or it exceeded the reasonable scope of discretion.
shall not be deemed to exist.
Therefore, all defendants and prosecutor's arguments are rejected.
3. In conclusion, the appeal filed by the Defendants and the prosecutor is all reasonable, and thus, the appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act (Article 25(1) of the Rules on Criminal Procedure; however, according to Article 25(1) of the Rules on Criminal Procedure, the punishment Act on Punishment of Violences, Etc. (amended by Act No. 13718, Jan. 6, 2016) shall be corrected, respectively, to the Act on Punishment of Violences, etc. (amended by Act No. 13718, Jan. 6, 2016).