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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.
2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, the crime of obstruction of performance of official duties requires strict punishment, the defendant has been punished for the same kind of crime several times, and the defendant committed the crime of this case during the period of repeated crime for the same kind of crime, etc. However, the crime of this case constitutes a reason for sentencing unfavorable to the defendant. However, in the investigation stage, the defendant led to the confession of the crime of this case and his mistake in depth, and the defendant want to take the defendant's preference against the defendant in consultation with the victim D of the crime of obstruction of official duties of this case at the investigation stage. G as the other party to the crime of obstruction of official duties of this case does not want the punishment of the defendant for personal damage, and the defendant is the most likely to support the defendant with his two children, and the prosecutor's assertion is not acceptable.
3. Accordingly, 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.