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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended execution, two years of probation, and two hundred hours of probation and community service) is too unfford.
2. The crime of this case is acknowledged in light of the following facts: (a) as the Defendant interfered with the victim's duty and received a report, and obstructed legitimate performance of official duties by assaulting the police officer called out after receiving a report, the nature of the crime is not good; and (b) the Defendant has been punished five times for obstruction of performance of official duties in the past.
On the other hand, however, the defendant's recognition of the crime of this case, the degree of violence is relatively minor, and the police officer did not have a superior position due to the defendant's crime, the agreement was made with the victim, and the police officer deposited KRW 500,000 for the police officer, and the circumstances assigned by the prosecutor appear to have determined punishment by imposing probation and community service order after considering both the court below's consideration, and considering all of the sentencing conditions specified in the argument of this case, including the defendant's age, character and conduct, the circumstances leading to the crime of this case, and the circumstances after the crime, etc., the prosecutor's above assertion is difficult to accept.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.