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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The sentence of the lower court (fines 3,000,000) is too unhued and unreasonable.
Judgment
The Defendant’s crime of this case is an offense of obstruction of the performance of official duties, which is disadvantageous to the fact that it is necessary to strictly punish the Defendant in order to establish a legal order and eradicate the light of public authority.
However, it is advantageous to the fact that the defendant recognized the crime of this case and is against the fact that there is no criminal power, the first offender who has no criminal power, and the degree of tangible power exercised by the defendant is relatively excessive.
Considering the circumstances favorable to the Defendant and the unfavorable circumstances, comprehensively taking into account the following factors: (a) the Defendant’s age, character and conduct, environment, details of the crime, and circumstances after the crime; and (b) the sentencing conditions indicated in the instant records and arguments, it is difficult to deem that the lower court’s punishment is too unreasonable
Therefore, the prosecutor's assertion of unfair sentencing is not accepted.
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.