The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the punishment (five million won in penalty) declared by the court below.

2. The lower court rendered the above sentence by taking into account the following circumstances: (a) the crime quality of the instant crime was not light; (b) the Defendant’s mistake is against the Defendant; (c) the degree of interference with duties and the degree of assault against the police officer is relatively minor; (d) the victim expressed his intent not to be punished by the Defendant; (c) the Defendant has yet to be aged and has no record of the crime; and (d) the Defendant is an initial offender who has no record of the crime.

In full view of the fact that there is no change in circumstances to change the sentencing of the lower court, and other circumstances of all the sentencing, including the Defendant’s age, sexual conduct, environment, health, circumstances leading to a crime, means and consequence, scale of the crime, and circumstances after the crime, which can be known through records and pleadings, the sentence imposed by the lower court appears to be reasonable. Furthermore, the lower court’s judgment of sentencing exceeded the reasonable limit of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible as the prosecutor asserts.

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.