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The prosecutor's appeal is dismissed.
Reasons
1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (3 million won in penalty) of the court below is too unfilled.
2. In order to examine the judgment, to establish the state’s legal order and eradicate the light of public authority, the fact that there is a need to strictly punish a crime of obstructing the performance of official duties is an unfavorable reason for sentencing, and the fact that the defendant is against the confession of the crime, and that the defendant has no criminal record exceeding the same criminal record or fine is an favorable reason for sentencing.
The Prosecutor’s assertion is without merit, given that the judgment of the court below is reasonable, in light of the above sentencing factors comprehensively considering the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing as indicated in the records and arguments of this case.
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.