Text
The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.
2. However, by means of assaulting a police officer in uniform, the nature of the crime is not that of obstructing the performance of official duties;
However, in full view of the fact that the Defendant recognized the instant crime and has no record of criminal punishment while staying in the Republic of Korea, and other circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime, it is not recognized that the lower court’s punishment is too unreasonable.
Therefore, the prosecutor's above assertion of unfair sentencing is without merit.
3. If so, 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.