2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(2) In light of the aforementioned circumstances, the lower court rendered the above sentence on July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In full view of all the sentencing factors indicated in the instant records and pleadings, the lower court cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too unscheduled, in light of the following circumstances: (a) the Defendant’s criminal liability is not easy; (b) the Defendant committed a crime of obstruction of performance of official duties, despite the fact that he/she was sentenced to a suspended sentence of imprisonment due to the crime of obstruction of performance of official duties; and (c) there is no special circumstance or change of circumstances that may be considered in the new sentencing in the trial; and (d) comprehensively taking account of all the sentencing factors indicated in the instant records and pleadings, such as the Defendant’s age, character and conduct, family relationship

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.