The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the lower court (eight months of imprisonment, two years of suspended sentence, and 80 hours of social service) is too uneased.

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). Around 2018, the Defendant committed the instant crime even though he/she had the power to be punished for the crime of interference with business, thereby obstructing the performance of official duties by drinking the worship of the police officer dispatched upon receiving the 112 report. There are unfavorable circumstances, such as the degree of the type of force used, which is not somewhat weak.

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.

In full view of the records and all sentencing factors expressed in the trial process, such as the Defendant’s age, character and environment, motive and background of each of the instant offenses, means and method of each of the instant offenses, circumstances after committing the offense, etc., the sentence imposed by the lower court is beyond the scope of reasonable discretion, or is deemed unreasonable, in light of the following: (a) the victim of interference with business expressed his/her intent to punish the Defendant significantly in the prosecutor’s investigation; and (b) the Defendant did not have any history of punishment exceeding the fine up to the present time after the suspension of the execution of imprisonment was sentenced in around 1989.

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.