The defendant's appeal is dismissed.

1. The penalty (two million won of fine) declared by the court below on the gist of the grounds of appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court on the sole ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court appears to have determined the sentence against the Defendant, taking into account all favorable and unfavorable circumstances to the Defendant, and there is no change in circumstances that change the sentence of the lower court in the trial.

In full view of all the circumstances, including the fact that the Defendant committed the instant crime even though he/she had been punished two times or more as a crime of obstruction of performance of official duties, the sentencing of the lower court does not seem to have exceeded the reasonable bounds of discretion.

Therefore, we cannot accept the defendant's argument during the sentencing.

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