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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the penalty (4 million won) imposed by the court below is too unfased.
2. The crime of this case requires strict punishment for obstructing the performance of official duties for the establishment of public authority and the protection of legal order, and the fact that the crime of this case was committed with the use of violence against a police officer performing legitimate duties is disadvantageous to the defendant.
However, considering the favorable circumstances such as the fact that the defendant repents his mistake and reflects it, the degree of damage caused by the crime of this case is not serious, the defendant has been punished as violent crime for 20 years, the fact that there is no record of being sentenced to a suspended sentence or more, the fact that there is no record of being sentenced to a suspended sentence or more, the fact that the damaged police officer and the defendant agreed smoothly in the trial, and all of the sentencing conditions specified in the records and theories of this case, the sentence imposed by the court below is judged appropriate, and it does not seem unfair because it is too unreasonable.
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 appeal is without merit. It is so decided as per Disposition.