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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 instant crime committed by the Defendant was committed against a police officer, who performed legitimate duties, and thus interfered with the performance of his duties, and the nature of the crime is not good.
However, in full view of the following facts: (a) the Defendant committed the instant crime while committing the instant crime; (b) the primary offender who has no record of criminal punishment; (c) the Defendant’s age, sex, family environment; and the motive, background, means, methods, and consequences leading to the instant crime; and (d) the circumstances before and after the instant crime; and (c) the lower court’s punishment is appropriate and unreasonable as it is too unfeasible.
The prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.