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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (four months of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.
2. The following determination is an unfavorable circumstance to the Defendant.
When the defendant was punished for trial expenses due to the problem of taxi engineer and fee, the police officer left the scene and recommended the defendant to return home after paying taxi expenses, and without any special reason, the defendant assaulted the police officer to interfere with his/her legitimate execution of official duties and is not good.
It is necessary to strictly punish the crime of obstruction of performance of official duties in order to protect the legitimate performance of official duties and establish a sound social order.
On the other hand, the following conditions are favorable.
The defendant is recognized as committing a crime and is against the law.
There is no record of punishment for the same crime.
The degree of assault against damaged police officers is relatively minor.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and unreasonable.
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.