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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 (7 million won in penalty) is too unfluent and unreasonable.
2. The crime of this case is an unfavorable circumstance to the Defendant, in order to establish the State’s legal order and to eradicate the sacrificing of public authority, which prevents the police officer from performing his duties by talking and assaulting the police officer dispatched after receiving a report of 112.
However, the Defendant recognized his mistake and reflects, and appears to have committed the instant crime in a somewhat contingent and contingent manner under the influence of alcohol, and the instant crime was committed by the Defendant on November 9, 2015 and sentenced two years of suspended execution to six months at the Ulsan District Court on November 17, 2015, and on the 17th of the same month, the Defendant is in the concurrent relationship between the obstruction of performance of official duties for which the judgment became final and conclusive under Article 37 of the Criminal Act and the subsequent group under Article 39(1) of the Criminal Act, and should consider equity with the case to be judged at the same time under Article 39(1) of the Criminal Act. In full view of all other factors indicated in the Defendant’s age, sex, family environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair and unfair
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 prosecutor's appeal is without merit. It is so decided as per Disposition.