2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of 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). There are extenuating circumstances where the Defendant, who performed official duties, exercises a physical power directly to the police officer’s body and takes a bath several times, thereby insulting the Defendant to commit an insulting crime, such as that the criminal liability as an insulting crime is not provided for therein.

However, considering the above circumstances, the lower court determined the Defendant’s punishment and there is no change in circumstances that may be considered in sentencing after the sentence of the lower judgment.

Although the Defendant did not reach an agreement with the victimized police officer, it appears that the victimized police officer received a letter to some extent, and that the victimized police officer submitted a written confirmation to the effect that “the Defendant had committed a crime of death in the course of a serious trial,” and that there was no past record of punishment by the Defendant, and in full view of all the sentencing factors of the instant case including the Defendant’s age, character and conduct, environment, motive and background of each of the instant crimes, means and method of each of the instant crimes, and circumstances after the crime, etc., the sentence imposed by the lower court is not deemed to have exceeded the reasonable scope of discretion, or to be unfair because it is too unreasonable.

3. The prosecutor's appeal of 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.