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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment (a fine of KRW 3.5 million) is too unhued and unreasonable.
2. The circumstances unfavorable to the defendant are as follows.
The Defendant, upon receiving a report, abused the police officer, thereby damaging the public authority.
After the arrest of the defendant, the defendant expressed approximately 40 minutes of his desire within the district, and avoided the disturbance.
The conditions favorable to the defendant shall be as follows:
The defendant is in profoundly against his wrongness.
The extent of assault by the defendant is not severe.
The defendant deposited KRW 500,00 in the court below to recover the damage of the victim.
The defendant has no record of being punished for the same crime and has been sentenced to a fine in 1996.
The Defendant is making efforts not to repeat the same offense while receiving treatment of alcohol addiction.
In full view of the various circumstances surrounding the above defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, and all the sentencing conditions as shown in the records and arguments of this case, it cannot be said that the sentence of the court below is too uneasible and unfair.
The prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.