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The prosecutor's appeal is dismissed.
Reasons
The gist of the prosecutor’s appeal is that the Defendant’s crime of this case interferes with the performance of official duties for police officers wearing uniform, and that the sentence of the lower court (the penalty amount of KRW 3,000,000) imposed on the Defendant is too unfasible and unfair.
However, the lower court appears to have determined the type and quantity of punishment in light of all the circumstances that are conditions for sentencing, such as the nature and degree of assault, Defendant’s age, sexual conduct and environment, etc., as well as the aforementioned need, cannot be said to be unfair as it is too unfasible.
Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.