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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 (3 million won in penalty) is too unhued and unreasonable.
2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant committed an assault against a police officer dispatched after receiving a report, and the nature of the crime is not good, and there is a need to strictly punish an act obstructing the performance of official duties in order to establish national legal order and eradicate the light of public authority.
However, considering various sentencing conditions, such as the Defendant’s age, sex, environment, circumstances leading to the crime, method and method of the crime, etc., when the Defendant led to the confession of the crime in this case, and the degree of the assault committed by the Defendant is relatively minor, the Defendant’s primary crime without any previous conviction, and other various sentencing conditions, such as the Defendant’s age, sex, environment, circumstances leading to the crime, method and circumstance after the crime, the sentence imposed by the lower court is too uneasible and thus, cannot be deemed unfair.
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.