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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The sentence of the lower court (a fine of three million won) is too unhued and unreasonable.
Judgment
In order to establish the state's legal order and eradicate the light of public authority, there is a need to strictly punish the defendant's obstruction of performance of official duties, and the defendant has committed three identical violence crimes against the defendant.
However, considering the following factors: (a) the Defendant’s mistake recognized by himself/herself, the degree of assault by the Defendant is minor, the victim of the crime of interference with business and the police officers in mobilization, and the Defendant appears to have committed the instant crime by drinking and contingently, etc.; and (b) other factors of sentencing are favorable in full view of the circumstances of the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc.; and (c) other factors of sentencing as indicated in the pleadings, the Prosecutor’s assertion 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.