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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence of the lower court (7 million won of a fine) is too unhued and unreasonable.
2. Determination ① The Defendant committed the instant crime during the period of suspension of execution, the obstruction of performance of official duties requires severe punishment in order to establish public authority and legal order, and the F, a victimized police officer, expressed his/her intent to punish the Defendant at the lower court.
Meanwhile, in full view of all the circumstances, including the following: (a) the degree of obstruction of performance of official duties by the instant crime is not much serious; (b) the Defendant did not deny the instant crime when the Defendant was in the trial; (c) the Defendant’s health condition is not good; and (c) the background, means, results, and the circumstances after the instant crime, etc., which are the conditions for sentencing, the sentence of the lower court cannot be deemed as being excessively unreasonable.
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.