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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable because the penalty (three million won of a fine) declared by the court below against the defendant is too unfilled.
2. The crime of this case is disadvantageous to the following: (a) the Defendant’s assaulted the shoulder of a police officer who was satisfed and satisfed in the satisfy in the earth; (b) the offense of obstruction of performance of official duties requires strict punishment to establish a legal order; and (c) the Defendant was not satisfed by the police officer who was damaged.
However, it is necessary to respect the judgment of the court below because there is no change in the conditions of sentencing compared with the court below because new sentencing materials have not been submitted at the court below. In full view of the favorable circumstances such as the following: (a) the defendant reflects the crime of this case in depth; (b) the defendant has committed the crime of this case in contingency under the influence of alcohol; (c) the degree of violence is minor; and (d) the degree of obstruction of performance of official duties is not severe; (d) the defendant has no record of punishment exceeding the fine; and (e) the details and result of the crime of this case, and other circumstances that form the conditions of sentencing as shown in the records and arguments, such as the circumstances after the crime, character and conduct, environment, age, etc. of the defendant, the
3. In conclusion, the prosecutor's appeal 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.