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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the defendant has a number of records to forward the case to the Juvenile Department, and that the defendant’s attempt to perform official duties and interfere with the execution of duties by exercising violence, and thus, the crime is not good. In light of the above, the punishment (7.5 million won) imposed by the court below is too unafford and unfair.
2. There are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the judgment below.
The fact that the defendant has a record of juvenile protective disposition due to violence is disadvantageous to the defendant.
However, in full view of the following facts: (a) agreement with the victim of the crime of damage to property; (b) the Defendant’s age and mental treatment and the prevention of recurrence; (c) the Defendant has no record of punishment except juvenile protective disposition; and (d) detention for two months and reflects against the Defendant’s age, sex, environment, motive for the crime, etc.; and (d) the lower court’s punishment is too unjustifiable and unreasonable.
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.