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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that of the lower court’s penalty of KRW 4,00,000 (a fine of KRW 4,000) is too unhued and unreasonable.
2. The instant crime committed by the Defendant, upon receiving a report from the Defendant that the Defendant was frightening a taxi engineer and was not paying a taxi fee, was frightened and frighted by the police officer called out. As such, the Defendant had been punished twice for past violent crimes, and the crime of obstruction of performance of official duties, such as the instant case, constitutes a violation of legitimate public authority, and thus, requires strict punishment.
However, in full view of various circumstances, including the Defendant’s age, character and conduct, motive, means and consequence of the instant crime, and circumstances that form the conditions for sentencing as shown in the records and pleadings, it is difficult to view that the lower court’s punishment is too unjustifiable and unreasonable.
Therefore, prosecutor's assertion is without merit.
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.