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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is 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 shows an attitude to recognize and reflect the instant crime, and deposited KRW 1 million for police officers F, etc. are favorable to the Defendant.
Meanwhile, in order to establish the State’s legal order and eradicate the light of public authority, it is necessary to strictly punish the act of obstruction of performance of official duties. The Defendant has been subject to criminal punishment several times prior to the instant crime, and the Defendant was sentenced to three years of imprisonment due to the crime of continuing assault, etc. on May 18, 201, and committed the instant crime during the period of repeated crime even after the execution of the sentence was completed on September 21, 2013.
In full view of each of the above circumstances, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and method of the instant crime, and all of the sentencing factors expressed in the process of trial and records, such as the circumstances after the crime was committed, the sentence imposed by the lower court is beyond the scope of reasonable discretion, or is too heavy or unreasonable.
3. As such, the appeal by the defendant and the prosecutor 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.