The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable as it is too unfasible in this case, which the court below rendered a sentence (4,000,000 won in penalty).

2. The lower court sentenced the above punishment by taking account of the following: (a) the Defendant’s refusal to commit the instant crime and reflectiveness; (b) the Defendant agreed with the victimized police officer; and (c) the fact that there was no record of the same crime.

In addition to the circumstances considered by the court below, it shall be considered in favor of the fact that the degree of the exercise of force in the event of interference with the performance of official duties is not much serious.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds 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.