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The prosecutor's appeal is dismissed.
Reasons
1. Of the facts charged in the instant case, the lower court sentenced each of the charges of assault, dismissal of prosecution, obstruction of performance of official duties, and injury, and the prosecutor appealed only for the guilty portion.
Therefore, since the dismissal part of the judgment of the court below is separated and confirmed as the parties did not appeal, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence in eight months of imprisonment) is too unhued and unfair.
3. The judgment of the court below is that the defendant has already been punished several times for the same crime as the crime of injury in this case, and each of the crimes of obstruction of performance of official duties in this case is a crime that has impaired the function of the State by nullifyinging legitimate exercise of public authority, and there is a need to strictly punish the defendant, and there is a circumstance that the degree of injury and assault inflicted upon the defendant by the police officer D and E who properly performs his duties is relatively heavy. However, the defendant's mistake is recognized, and the defendant does not repeat again, and there is no history of punishment for the same crime as the obstruction of official duties in this case, and there is no history of punishment for the same crime as the crime of obstruction of official duties in this case, and it is deemed that the defendant committed each of the crimes in this case in this case by contingency, and that the defendant deposited KRW 200,000 for the other party to each of the crimes in this case, and there is no reason for the court below to find the defendant unreasonable considering the motive and circumstances leading to each of the crimes in this case, the defendant's age and circumstances.
4. In conclusion, the prosecutor's appeal is without merit.