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The prosecutor's appeal is dismissed.
Reasons
1. The grounds for appeal (e.g., a fine of 4 million won) by the lower court are too unhued and unreasonable.
2. The lower court, based on the favorable circumstances, determined that the Defendant’s act of obstructing the police officer’s performance of official duties requires strict response, on the grounds that the Defendant recognized the offense and reflects the fact that the Defendant was punished for other types of crimes, and that there was no record of punishment, and that there was no record of criminal punishment. In addition, the lower court determined a sentence by comprehensively taking account of the following factors: the Defendant’s age, character and conduct, details of the Defendant’s act of violence
The grounds for unfair sentencing alleged by the prosecutor appear to be the circumstances that the court below had already taken into account when determining the defendant's punishment, and there are no circumstances to deem that the above sentencing conditions have been changed in the appellate court, and considering the above sentencing conditions, the court below's punishment is reasonable within the reasonable scope of its discretion.
Therefore, the prosecutor's assertion is not acceptable, since the sentence imposed by the court below is too unjustifiable.
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.