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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (three million won of a fine) is too unhued.
2. The Defendant interfered with the legitimate performance of official duties by assaulting a police officer dispatched after receiving 112 report. In light of the circumstances leading up to the crime and the degree of obstruction of performance of official duties, etc., the liability for the crime is not less weak, and the need for strict punishment for the crime of obstruction of official duties is disadvantageous to the Defendant in order to establish the state’s legal order and eradicate the light of the public authority.
However, in full view of the following circumstances: (a) the Defendant’s mistake is divided and reflects the Defendant’s mistake; (b) there is no past history of criminal punishment or punishment exceeding the fine; (c) the Defendant appears to have reached the instant crime under the influence of alcohol; (d) there are no circumstances or changes in circumstances that may be newly considered in sentencing after the judgment of the lower court was rendered; and (e) the Defendant’s age, character and conduct, environment, background leading to the instant crime; (b) the process leading to the instant crime; (c) the means and consequence of the instant crime; and (d) all other circumstances that form the conditions for sentencing as shown in the process of the trial, such as records and the circumstances after the crime
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.