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

Judgment

The crime of this case is an unfavorable sentencing factor that is likely to be subject to criticism because spits are spits against police officers and spits on 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 does not have any other criminal record than a fine on one occasion due to violence before 15 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.