The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, there exists 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, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime was committed by the Defendant’s use of violence while breathing a fire-fighter who was dispatched to the site to rescue himself under the influence of alcohol to the fire-fighter who was under the influence of alcohol, and the nature of such crime is not good.

However, the defendant shows his attitude to recognize and reflect all of the crimes of this case.

At the time of the instant case, the degree of physical power exercised by the Defendant is relatively heavy, and the Defendant is an initial offender who had no record of criminal punishment prior to the instant case.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, motive and background of the instant crime, means and method of the instant crime, circumstances after the crime was committed, and all the sentencing factors revealed in the trial process, the sentence imposed by the lower court is not deemed to have exceeded the scope of reasonable discretion, or to be unfair because it is too unhued.

Therefore, the prosecutor's above assertion is without merit.

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