All appeals by prosecutors are dismissed.

A. The sentence of the lower court against the Defendant (six months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The circumstances favorable to the defendant are recognized, such as the confession of the crime of this case by the defendant, and that the defendant reflects the defendant's depth, and that the victims do not want punishment by mutual consent with the victims, that the family members of the defendant want to leave the defendant's wife, and that the defendant's family's living is in a difficult situation due to the defendant's detention.

However, the crime of this case is committed under the influence of alcohol by the defendant, without any particular reason, by drinking the victim E while being under the influence of alcohol, and the police officer's legitimate performance of official duties, such as flabing the neck of the police officer called out after receiving a report at the time, and interfering with flabing a blab, etc., by deceiving the victim He, thereby deceivinging the victim He with a total of KRW 43 million through 71 times. In light of the content of the crime and the amount of defraudation, the responsibility for the crime is heavy, and the defendant has a history of punishment several times for the same violent crime, etc., which is disadvantageous to the defendant.

On the other hand, in our criminal litigation law taking the principle of court-oriented trials and the principle of directness, it is reasonable to respect the determination of sentencing in cases where there exists an area unique to the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), and the unfavorable or favorable circumstances against the recognized accused do not constitute a special change in circumstances that can change the sentence of the lower court after the sentence of the lower court.

In addition, the court below's decision should be taken into consideration when taking into account all the circumstances constituting the conditions for sentencing as shown in the argument of this case, such as the defendant's age, sex, and environment.