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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The sentence of the lower court (two years of suspended execution for a period of eight months) is too unhued and unreasonable.
Judgment
It is recognized that the defendant did not interfere with the police officer's performance of official duties, but did not harm the police officer.
However, the defendant reflects the crime, committed the crime of this case by contingently, and the degree of injury suffered by the damaged police officers is not significant.
In addition, the defendant deposited KRW 300,000 for the recovery of damage by police officers, and there is no record of punishment for the same kind of crime.
In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., and the sentencing conditions specified in the instant records and pleadings, it is not recognized that the lower court’s punishment is too uneasible and
Therefore, the prosecutor's argument of unfair sentencing is not accepted.
In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is without merit.