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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (2.5 million won of a fine) by the lower court is deemed to be too unhued and unreasonable.
2. In order to establish the legal order of the judgment state and eradicate the light view of the public authority, there is a need to strictly punish the obstruction of the performance of official duties, and the Defendant’s use of force directly to the police officer’s body is disadvantageous to the Defendant.
However, in full view of the following circumstances: (a) the Defendant’s recognition of the crime and reflects on the Defendant; (b) the primary offender who has no record of criminal punishment; and (c) the Defendant’s age, environment; and (d) the conditions of sentencing specified in the instant pleadings, such as the circumstances before and after the crime, the lower court’s sentence against the Defendant cannot
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. It is so decided as per Disposition.