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The prosecutor's appeal is dismissed.
Reasons
1. The lower court’s sentence (three million won of fine) against the Defendant in light of the gist of the grounds for appeal is deemed unreasonable.
2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, the crime of obstruction of performance of official duties requires strict punishment, and the degree of assault is disadvantageous to the defendant.
On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake, that it is a contingent crime, and that the defendant has no criminal record exceeding the same criminal record or fine is favorable to the defendant.
In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, background and consequence of the instant crime, and all of the sentencing conditions indicated in the instant case, such as the circumstances after the commission of the crime, the lower court’s punishment is deemed too unjustifiable and unreasonable. Therefore, the Prosecutor’s aforementioned assertion
3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.