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The prosecutor's appeal is dismissed.
Reasons
1. In light of the fact that the crime of obstructing the performance of official duties by a police officer in uniform requires strict punishment in order to establish the prosecutor’s grounds of appeal’s law and order and eradicate the light of the public authority, the sentence of the lower court that sentenced to KRW 4,00,000 is too uneasible and unfair.
2. In full view of the circumstances alleged in the grounds of appeal, even if considering the circumstances alleged in the grounds of appeal, the lower court’s punishment is too unfasible and unfair, given that there is no record of criminal punishment, and all the conditions of sentencing as shown in the records and arguments, such as the Defendant’s age, sex behavior, environment, motive and background of the crime, degree of damage, and circumstances after the crime, etc., the aforementioned assertion is without merit.
3. The appeal by the prosecutor of the conclusion 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.