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The prosecutor's appeal is dismissed.
Reasons
1. The lower court’s sentence (two years of suspended sentence, two years of probation, observation of protection, community service order 160 hours, and forty hours of lectures for violent treatment) of the gist of the grounds for appeal is unreasonable because it is too unfasible.
2. In light of the background, content, and method, etc., the crime of this case was committed with poor quality; the crime of obstructing the performance of official duties is highly necessary to punish with a view to establishing the national legal order and eradicating the landscape of public authority; and the fact that the defendant has been punished several times due to the crime of violence (amount of punishment and suspension of execution) is disadvantageous.
However, there are favorable circumstances such as the fact that the defendant recognized the crime of this case, the fact that the defendant seems to have committed the crime of this case by contingency while under the influence of somewhat drunk, and that there is no criminal conviction.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable.
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.