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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court is deemed to be too unhued and unreasonable.
2. The instant crime was committed against a police officer who received 112 reports, and obstructed legitimate performance of official duties by assaulting the police officer, such as breath, breath, breath, breath, etc., by cutting breath, breath, etc., and the nature of the crime is disadvantageous to the Defendant.
On the other hand, the defendant acknowledges the crime of this case and reflects his mistake, and the degree of assault used by the defendant cannot be seen as heavy, and the defendant is an initial offender who has no criminal record, etc. are favorable to the defendant.
Considering the above circumstances and other circumstances, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. of this case and the conditions for sentencing as shown in the records and arguments, the sentence of the court below is deemed appropriate as a sentence within the scope of the discretion of sentencing.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, 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.