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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.
2. The crime of this case was committed by the Defendant by assaulting a police officer wearing a uniform, and its illegality is heavy, and its nature is bad.
However, in full view of all the sentencing conditions of the defendant, including the fact that the defendant has no record of punishment for obstructing the performance of official duties, the defendant's mistake is recognized and against his own mistake, and the defendant has no record of having been sentenced to a suspended sentence or more than a suspended sentence, even though he had been punished several times, etc., the defendant's age, sex, sex, environment, motive and circumstance of the crime, consequence, and circumstances after the crime, etc., it does not seem that the sentence imposed by the court below is too uneasible and unfair.
Therefore, we cannot accept the prosecutor's unfair argument of sentencing.
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.