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The prosecutor's appeal is dismissed.
Reasons
1. The reasoning of the appeal is that the lower court’s punishment (five million won in a penalty) is too unhued and unreasonable.
2. In full view of all the sentencing conditions, including the Defendant’s age, sex behavior, motive, frequency of the crime, method of the crime, circumstance after the crime, etc., the lower court’s punishment cannot be deemed unfair on account of the following circumstances: (a) comprehensively taking account of the following factors: (b) the confession of the crime; (c) the confession of the crime; (d) the agreement with the victim for the obstruction of duties; (e) the fact that the victim was detained for a certain period of time; and (e) the family members wanting to leave the front position; (e) the crime during the period of suspension of execution due to the obstruction of performance of the same kind of official duties; (e) the police officers dispatched by obstructing the victim’s duties; and (e) the need for strict punishment against the crime that interfered with the performance of official duties;
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.