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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfasible and unfair.
2. The judgment that the Defendant interfered with legitimate performance of official duties by exercising a direct tangible power on the body of the police officer is disadvantageous to the Defendant.
However, considering the Defendant’s recognition of the instant crime and the favorable circumstances for the first offense, and taking into account the Defendant’s age, sex, environment, family relationship, circumstances leading to the Defendant’s commission of the instant crime, means and consequence, and all of the sentencing conditions as shown in the records and arguments, the sentence imposed by the lower court is appropriate and the sentencing judgment by the lower court exceeded the reasonable bounds of discretion.
There are no circumstances such as evaluation or maintenance of it is deemed unfair.
Therefore, the prosecutor's above assertion is without merit, since the court below's punishment is too unfasible.
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.