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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable because the penalty (two million won of a fine) declared by the court below against the defendant is too unhued.
2. The Defendant committed the instant crime without being familiar with the Defendant during the period of suspension of execution, and the crime of obstruction of performance of official duties is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and thus, requires strict punishment for establishing legal order, etc. is disadvantageous to the Defendant.
On the other hand, the fact that the defendant is recognized as all of his criminal acts, the fact that the defendant was subject to punishment due to drinking driving, etc., but there is no record of punishment due to the same criminal act, and the crime of this case constitutes a crime of violation of the Road Traffic Act, which became final and conclusive, and a crime of violation of the latter part of Article 37 of the Criminal Act, and thus, it is necessary to consider equity with the case where the judgment is rendered, and the police officer G appears not to have been punished against
In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant, character and conduct, family relationship, environment, occupation, etc., the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s allegation above is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.