The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (4 million won in penalty, 400,000 won in total, and 40 hours in total) by the lower court is too unfluent and unreasonable.

2. The Criminal Procedure Act of Korea, which takes the principle of court-oriented trials and the principle of direct determination, has a unique area for the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). While there are extenuating circumstances, such as the following: (a) the Defendant committed the instant crime while the Defendant was under suspension of execution due to the crime of interference with the performance of official duties; (b) the Defendant did not have any agreement with the victim; (c) on the other hand, there is no same or no criminal record for the Defendant; and (d) the degree of indecent

In light of the fact that it is difficult to see the Defendant’s attitude against the mistake, and other factors of sentencing as indicated in the records and arguments of this case, such as the Defendant’s age, sex, environment, family relationship, and circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.