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The appeal by the defendant and the prosecutor shall be dismissed.
Reasons
1. The main point of the grounds for appeal is that of the lower court’s punishment (4,000,000 won) too heavy or unreasonable.
2. The judgment of the court below is that the crime of this case is committed against a police officer dispatched upon receiving a report, and thus obstructing a police officer’s legitimate execution of his duties, and it is not good that the crime of this case is committed, and that there is a record of criminal punishment of a fine once for the same crime is disadvantageous to the defendant.
However, in full view of all the circumstances that are the conditions for the sentencing of this case, such as the Defendant’s age, sexual conduct, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is too heavy or uneasy and thus, cannot be deemed unfair, and thus, the Defendant and the Prosecutor’s aforementioned assertion are without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.