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The prosecutor's appeal is dismissed.
Reasons
1. The sentencing of the court below (two months of imprisonment and two years of suspended execution) is too unfased and unreasonable.
2. Determination
A. In light of the fact that there is a need to strictly punish a crime of obstruction of performance of official duties in order to establish a state’s legal order and eradicate the light of public authority, and that the defendant was committed in the same manner, and the victims were punished by the defendant, etc., the defendant may not be held seriously liable.
B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant was not subject to a sentence, confession and reflects a crime, the health status of the Defendant is not good at class 4 with a physical disability, and is a recipient of basic living benefits.
C. The sentence of the lower court is reasonable in light of all the sentencing conditions indicated in the instant case, including the Defendant’s age, family relationship, living environment, details and consequence, and circumstances after the crime.
3. The appeal by the prosecutor of the conclusion 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.