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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. Each sentence of the lower court against the Defendants on the grounds of appeal (Defendant A: 6 months of imprisonment and 2 years of suspended sentence, Defendant C, and D: each fine of 500,000 won) is too unfford and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the lower court’s judgment, and where the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendants by comprehensively taking into account the conditions favorable to the Defendants and unfavorable circumstances.
The circumstances alleged by the prosecutor on the grounds of appeal (in the case of Defendant A, as stated in the judgment of the court below, the crime committed in collusion with several inventorss, and thus, it did not pose a significant risk of undermining the life and body of police officers.
In the case of Defendant C and D, it seems that the attitude of considering the legal order is already considered in the sentencing process of the original court.
In addition, there is no new change in circumstances that can change the sentence of the court below in the first instance court.
In addition, the Defendants’ act of violating the Assembly and Demonstration Act was immediately prevented by the police immediately, and voluntarily dissolved without any more violence, and Defendant A was sentenced to a fine of KRW 1.5 million on October 6, 2016; Defendant A was sentenced to a fine of KRW 1.5 million on August 26, 2017; Defendant D also was sentenced to a fine of KRW 10 million on August 18, 2017 due to a violation of the same kind of Assembly and Demonstration Act; and Defendant D also was sentenced to a fine of KRW 10 million on August 26, 2017, and the said judgment became final and conclusive on August 26, 2017. In full view of the sentencing conditions, such as character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s sentence is too unfair by exceeding the reasonable scope.