Text
The prosecutor's appeal is dismissed.
Reasons
1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.
2. The judgment of the defendant not only has the record of punishment three times of fine, but also has the record of being punished for interference with the performance of the same kind of official duties. Each of the crimes of this case is recognized as having been committed by the police officers dispatched after the defendant received a report that the defendant s/he s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s
However, considering the following factors: (a) the Defendant’s mistake is divided; (b) there is no history of punishment heavier than a fine; and (c) the Defendant’s age, sex, environment, motive, means and consequence of each of the instant crimes; and (d) all of the sentencing conditions stated in the pleadings of the instant case, such as the circumstances after the commission of the crime, the lower court’s punishment is too uneasible and unfair.
Therefore, prosecutor's assertion is without merit.
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.