The sentence of the lower court (a fine of five million won) is too unhued and unreasonable.

Judgment

The crime of this case is an unfavorable sentencing factor that spits or spits a police officer's face against the legitimate enforcement of police officers.

However, the fact that the defendant recognized his mistake and is against the defendant, and that the defendant has no other criminal record in addition to only one fine for the crime of violence prior to 20 years, etc. are favorable factors for sentencing.

In addition, considering the circumstances leading up to the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc., as a whole, it is not recognized that the lower court’s punishment is too unjustifiable and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.