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The prosecutor's appeal is dismissed.
Reasons
1. In light of the gist of the grounds for appeal (unfair sentencing) of the Defendant’s previous convictions by several times, etc., the sentence of the lower court (an amount of KRW 3 million) is too uneased and unreasonable.
2. The act of assaulting a police officer who tried to assist the defendant, who was under influence of judgment, once drinking, and destroying clothes, which are objects in the police patrol zone, should be criticized as emphasizing the legal order.
However, in full view of all other circumstances, including the Defendant’s age, sex, environment, background and result of the instant crime, etc., the sentence of the lower court against the Defendant is too uneasy and unreasonable, as it is too uneasy, in light of the following circumstances: (a) the Defendant committed the instant crime; (b) the Defendant’s violent crime pointing out by the Prosecutor was a fine prior to 2004; and (c) there was no change in circumstances after the lower judgment was sentenced; and (d) the circumstances before and after the instant crime was committed.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.