The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

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) The lower court rendered the above sentence to the Defendant in light of the favorable circumstances, such as the Defendant’s age, character and conduct, family relationship, motive and background of the crime, and circumstances after the crime, etc., taking into account the following: (a) the lower court’s sentencing is too unfasible and contingent; (b) the Defendant appears to have undermined the police officer’s personal morale; (c) the Defendant appears to have committed a crime under the influence of alcohol; (d) the exercise of force and the degree of obstruction of performance of official duties; and (e) the Defendant did not have any criminal power other than a fine for a certain kind of punishment; and (e) there was no special circumstance or change of circumstances that may be considered newly in sentencing in the trial; and (e) the Defendant’s age, character and conduct, family relationship, motive and circumstance of the crime; and (e) all of the sentencing factors indicated in the records and arguments of the instant case, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

3. As such, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that the appeal is groundless.