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The prosecutor's appeal is dismissed.
Reasons
1. The sentencing of the lower court (a fine of three million won) is too unhued and unreasonable.
2. The instant crime is an unfavorable circumstance to the Defendant, where the Defendant assaulted the police officer who handles a traffic accident, and the nature of the crime is bad, and the Defendant has already been punished several times for violent crimes.
On the other hand, the circumstances favorable to the defendant include the fact that the defendant committed the crime of this case, the fact that the victim consenteds with the victim that the victim was the prior wife against the defendant, and that the defendant did not have any record of punishment for obstruction of performance of official duties.
In full view of the above circumstances and other factors of sentencing, such as the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, etc., the lower court’s sentencing against the Defendant is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion of unfair sentencing is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.