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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., e., e., a fine of four million won) of the first instance court is too uneased in light of the fact that the Defendant committed the instant crime against police officers who sought relief of himself/herself, etc.
2. The Defendant’s act of committing the instant crime, such as continuing to take a bath against police officers for a considerable period of time and making an insulting speech, is not good for the nature of the crime. However, the Defendant’s deposit of part of the amount of damage and reflects his mistake, there are circumstances that may be considered in light of the circumstances leading to the instant case by drinking alcohol, the Defendant did not have any history of punishment other than punishment imposed twice as a fine, and there seems to be relatively clear social ties, and the social ties relation seems to be relatively clear, taking into account other various circumstances that form the conditions for sentencing specified in the records and arguments, such as the Defendant’s age, character and behavior, environment, criminal records, the background of the instant crime, and the circumstances after the crime, etc., the Prosecutor’s assertion is without merit, and thus, it is not unreasonable to the extent that the first instance court’s punishment needs to be reversed.
3. Therefore, 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. It is so decided as per Disposition.
However, in accordance with Article 25 of the Regulation on Criminal Procedure, “the choice of imprisonment with labor” in “the pertinent provision on the crime of 1.0” in the application of the law of the court of first instance is corrected as “the choice of fines,” and “Article 62(1) of the Act on the Suspension of Execution of 1.0” is deleted, and also, “1........., adding Articles 70(1) and 69(2) of the Criminal Act on the Detention of De
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