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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The sentence of the lower court (fines 5,000,000) is too unhued and unreasonable.
2. The instant crime was committed by the police officer G who was reported by the Defendant, sent out by the Defendant to the police officer G, obstructed the front of the patrol vehicle for about 10 minutes, and assaulting the flaps of G to be boarded on the patrol vehicle, thereby obstructing the police officer’s legitimate performance of official duties.
In order to establish legal order and eradicate the light of public authority, it is necessary to strictly punish the crime of obstruction of performance of official duties. However, the defendant is a person who has no record of criminal disposition of suspension of qualifications or more, recognized the crime of this case, reflects the fact that the crime of this case was committed, and the person who is the defendant's will want to take care of the defendant.
In addition, considering the following circumstances, such as the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the lower court’s punishment is too unjustifiable and unreasonable.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.