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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 5 million imposed by the court below against the defendant is too unhued.
2. Each of the instant crimes committed by the Defendant is acknowledged as cases where: (a) the Defendant took a bath to the victim demanding payment of taxi expenses to openly insult the victim; (b) intimidation the police officer who arrived at the site of the instant case; and (c) assaulted the chest; and (d) the instant case is not less exceptionally against the victim; and (c) the Defendant is not agreed with the victim.
However, in full view of the following circumstances: (a) the Defendant recognized each of the instant crimes, thereby against his mistake; (b) the Defendant did not have the same force for the obstruction of performance of official duties; (c) there was no criminal punishment exceeding a fine; (d) it is difficult to view that the degree of damage to the obstruction of performance of official duties is very serious; and (e) the Defendant submitted to the competent court of the trial a written statement of the preparation of a police officer responsible for causing damage to the Defendant, stating that the Defendant’s wife was disturbing the Defendant; and (e) other circumstances, such as the Defendant’s age, environment, family relationship, circumstances leading to each of the instant crimes; and (e) the circumstances before
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.