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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.
2. The instant crime committed was committed by the Defendant while taking a bath against a police officer who is carrying out legitimate official duties, and was committed with the need to strictly punish the Defendant in order to eliminate the public power and establish a legal order, and there is a history of punishment for the Defendant on six occasions due to the Defendant’s violation of the Punishment of Violences, etc. Act.
However, considering various sentencing conditions, such as the Defendant’s age, sex, environment, circumstances leading to the Defendant’s crime, the means and method of the crime, and the circumstances after the commission of the crime, the punishment imposed by the lower court 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 on the grounds that the appeal is without merit.