The prosecutor's appeal is dismissed.

1. Considering that the summary of the grounds for appeal directly exercised the force of force against the police officer who is frighted by the Defendant, and that the case was serious in light of the background of the crime and the degree of assault, etc., the sentence of the lower court (a fine of five million won) is too uneased and unreasonable.

2. Since the current Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area in the sentencing determination, it is reasonable to respect the sentencing determination in cases where there is 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.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Circumstances asserted by a prosecutor as an unfavorable element for sentencing in the grounds of appeal appear to have been considered in full at the lower court. Unlike the circumstances asserted by the prosecutor, new sentencing materials that could change the sentence of the lower court were not added in the trial. The Defendant did not commit violent crimes before the occurrence of the instant case, in addition to punishment imposed as a violation of the Punishment of Violences, etc. Act around 1989. Moreover, considering the Defendant’s character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment for the criminal facts in the lower court’s judgment cannot be deemed to have been deemed to have been deemed to have been appropriate and unreasonable.

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