The prosecutor's appeal is dismissed.

The court below's sentence (3,00,000 won) against the defendant in summary of the reasons for the prosecutor's appeal is unreasonable because it is too unfasible.

Judgment

The crime of this case was committed by the Defendant upon receipt of a report 112 and obstructed the police officer's legitimate performance of official duties, such as cutting flaps, photographing a police officer's face by drinking, etc. In light of the contents of the crime, the crime was committed with heavy liability in light of the contents of the crime, and the fact that the Defendant did not receive a letter from the victimized police officer, etc., which is disadvantageous to the Defendant.

However, it is reasonable to respect the determination of sentencing in our Criminal Procedure Act, which adopts the principle of court-oriented trials and the principle of direct supervision, where the first instance court has 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 (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The disadvantage of the above recognized defendant does not fall under a special change of circumstances that could change the sentence of the lower court after the sentence of the lower court, and it does not constitute a special change of circumstances that could change the sentence of the lower court, and it does not seem unfair because the lower court’s punishment against the defendant is too unfeasible, considering the circumstances that form the conditions for sentencing as shown in the argument of the instant case, such as the defendant’s age, sexual behavior, environment, etc.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.