The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. Under our criminal litigation law taking the trial-oriented principle and the principle of direct determination, where there exists no change in the conditions of sentencing compared to 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 instant crime is a crime detrimental to the State’s function by nullifying the legitimate exercise of public authority, and requires a corresponding punishment in order to establish national legal order and eradicate the light of public authority.

Before committing the instant crime, the Defendant has been punished by a fine on two occasions due to the same crime, which was committed by the Defendant.

However, it is against the defendant's recognition of the crime of this case, and the degree of violence exercised by the defendant is not much serious.

In full view of the above circumstances and the Defendant’s age, sexual conduct, motive and background of the crime, means and method of the crime, and all the sentencing factors expressed in the instant records and the trial process, the sentence imposed by the lower court is not deemed to have exceeded the reasonable scope of discretion, or to be unfair because it is too unfeasible.

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.