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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unhued and unreasonable.
2. The judgment of the Defendant is an element of sentencing unfavorable to the Defendant, such as: (a) under the influence of alcohol, the Defendant committed an assault against the police officer who called out by putting in uniform without any special reason; and (b) the Defendant, even after driving the police box for the instant crime, scambling the computers and lifts, etc. into arms, etc.
However, in full view of the following factors: (a) the Defendant recognized the instant crime; (b) the degree of violence used in the instant crime is minor; and (c) the Defendant was the primary offender; and (d) other factors of sentencing that are favorable to the Defendant, the lower court’s sentence against the Defendant is adequate.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.