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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable because each sentence (a fine of KRW 15 million is imposed on the Defendants (a fine of KRW 15 million, Defendant B: a fine of KRW 5 million) declared by the lower court to the Defendants is too uneasible.
2. The instant case is recognized that the Defendants interfered with, or destroyed property of, small-scale merchants who did not yet move in within the area subject to housing reconstruction project, and interfered with the legitimate performance of duties by police officers dispatched, and that the nature of the relevant crime is bad, Defendant B did not receive a letter from the victimized police officers, Defendant A was sentenced to a two-year suspended sentence of imprisonment on July 14, 2017 due to property damage, etc., and Defendant A committed the instant crime during the period of suspended execution.
However, the defendants recognized all of the crimes of this case, the defendants agreed with the two victims of obstruction of duties, damage to property, and all of them, the defendant A lives as fishermen after the present case, and the father and other family members of the father who are administered as dynasium, the defendants' family members and branch members want to support them, the defendants' family members and branch members want to wear back their wife, and if the sentence is finalized in this case, the defendant A must additionally return to six months of imprisonment under the suspended execution. This seems to be very harsh, and there is no criminal conviction against the defendant A, and the defendant B did not have any criminal conviction exceeding the fine.
In addition, in full view of the following circumstances: (a) the Defendants’ age, character and conduct, environment, family relationship, motive and background of the offense, means and consequence, etc.; and (b) there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment; and (c) it is not recognized that the sentence imposed on the Defendants is too uneasible and unfair.
3. In conclusion, the Prosecutor’s appeal against the Defendants is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that there are no grounds for appeal.