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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 (three million won of fine) is too unhued and unreasonable.
2. The Defendant, under the influence of alcohol, committed assault and insult against the police officers dispatched to the police by force, and the fact that the nature of the offense is very poor is an element for sentencing disadvantageous to the Defendant.
However, in full view of the factors of sentencing favorable to the Defendant and other various factors of sentencing indicated in the records of this case, such as the fact that the Defendant recognized the instant crime, the degree of assault committed by the Defendant to police officers is not much serious, and that there was no previous or previous crime and no previous punishment was imposed once due to driving under influence, and there was no other criminal record, etc., the sentence of the lower court against the Defendant is adequate.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.