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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (a fine of KRW 10 million) declared by the lower court is too unhued and unreasonable.
2. The crime of this case was committed by the Defendant on the chest side of his chest, and committed the crime of this case without being aware of the fact that the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for 8 months at the Busan District Court on February 2016 and was under the suspension of the execution of the execution of the duties, by assaulting the left shoulder part of the police officer one time on the left part of the above police officer on the part of his chest part, which continued to run. The crime of this case was committed by the Defendant without being aware of the fact that he committed the crime of this case.
In addition, in order to establish the legal order and eradicate the danger of public power, it is necessary to strictly punish police officers who wear their uniform to commit crimes of obstruction of performance of official duties.
However, there are favorable circumstances, such as the fact that the defendant led to the confession of the crime of this case, the degree of assault used by the defendant is relatively minor, the police officer who suffered the damage and the police officer who agreed with the initial agreement that the above police officer is not subject to punishment against the defendant, there is a family member to support the defendant, and the family members are in the mental treatment and guidance of the defendant.
Considering the above circumstances and other various sentencing conditions as shown in the records and arguments of this case, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the judgment of the lower court cannot be deemed unreasonable to have exceeded or maintained the reasonable bounds of discretion.
Therefore, the prosecutor's assertion of unfair sentencing is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.