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The prosecutor's appeal is dismissed.
Reasons
1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.
2. The crime of this case committed by the Defendant under the influence of alcohol, resulting in an injury upon the Defendant’s drinking staff, and resulting in an injury upon the police officer in uniform at a police station district located in the above case, and the nature of the crime is not good, and the Defendant did not agree with the police officer in charge of obstruction of performance of official duties until the trial at the trial at the trial at the court.
On the other hand, it is favorable for the defendant to recognize and reflect his mistake properly, the defendant is the first offender who has no previous conviction, the victim of the crime of injury does not punish the defendant, and the above victim deposited a mutual agreement for the victim of the crime of interference with the execution of official duties.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the grounds that the sentence imposed by the lower court is too unfasible and it is not 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. It is so decided as per Disposition.