The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. In a case where there is no change in the conditions of sentencing compared with 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, under the circumstances unfavorable to the Defendant, determined a sentence against the Defendant by taking into account (i) the following factors: (ii) the Defendant interfered with the performance of official duties by assaulting the police officer under the influence of alcohol; (iii) the Defendant has committed a crime under the influence of alcohol; (iv) the circumstance favorable to the Defendant; (iii) the recognition of and reflects his mistake; (iv) the fact that the Defendant had no record of punishment prior to the instant crime; and (v) the degree of assault was not significant; and (v) the Defendant’s age, sexual behavior, and environment,

The sentencing of the lower court appears to have been conducted within the reasonable scope by fully taking into account the above conditions of the sentencing, and there is no special change in circumstances that make it difficult to assess differently from the sentencing conditions of the lower court until the appellate court was in the trial, and thus, it is not recognized that the sentence of the lower court is too uneas

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.