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The prosecutor's appeal is dismissed.
Reasons
The court below dismissed the public prosecution and convicted the defendant of the remaining facts charged on the ground that the victim expressed his wish not to be punished after the prosecution of this case was instituted against the defendant, among the facts charged against the defendant.
Since the prosecutor appealed only to the guilty portion, the dismissed part was separated and confirmed as it is, and excluded from the scope of the judgment of this court.
In the end, the scope of the trial shall be limited to the conviction of the original judgment.
Summary of Grounds for Appeal
Punishments (fines 10 million won) imposed on the defendant by the court below are too unhued and unfair.
Judgment
The Defendant committed an assault against the victim F and G, and interfered with the performance of official duties by committing an assault against the police officer while being investigated due to the above assault crime. On the following day, the Defendant damaged the property of an amount equivalent to KRW 1,191,200 managed by the victim M, obstructed cosmetic business, and obstructed cosmetic business in light of the type and frequency of the crime, etc., and there is a heavy need to strictly punish the crime of obstruction of performance of official duties, such as this case, in order to resolve the clibing of legitimate public authority and establish the legal order. The Defendant has been punished once as a crime related to violence, and was punished three times as a fine, and the Defendant did not know even during the period of suspension of execution, and the Defendant did not agree with the victims, and the Defendant did not agree with the victims.
However, the fact that the defendant is led to each of the crimes in this case, the defendant is suffering from mental illness, such as being hospitalized several times due to stimulative disorder, and other circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, means and result of the crime, etc.