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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable as the penalty (three million won of a fine) declared by the court below is too unfilled.
2. Although there are extenuating circumstances such as the establishment of a national legal order and the elimination of a light of public authority, the crime of obstruction of performance of official duties, such as the instant case, are in need of strict punishment. However, considering the favorable circumstances such as the confession and reflection of the Defendant, the Defendant agreed with the victimized police officer, the Defendant’s primary offender, and other favorable circumstances such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other various sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too unjustifiable.
Therefore, the prosecutor's assertion of unfair sentencing is without merit.
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.