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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.
2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, the fact that there is a need to strictly punish the crime of obstructing the performance of official duties, such as the instant case, is disadvantageous to the Defendant.
On the other hand, the following points are favorable to the defendant.
The Defendant is the first offender, and the Defendant is the confession of the facts charged in the instant case, and his mistake is divided.
The degree of violence in the crime of interference with the execution of official duties against D is relatively weak.
Before the Defendant was indicted for the instant case, the Defendant compensated for KRW 50,000 for the amount of damage caused by the crime of damaging public goods.
In addition, comprehensively taking account of various sentencing conditions as shown in the records and arguments of this case, such as the age, sex, environment, relationship with the victim, etc. of the defendant, the sentence of the court below is not deemed unfair because it is too low.
Therefore, prosecutor's assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.