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 unfluent and unreasonable.

2. Determination

A. If there is no change in the conditions of sentencing compared with 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). (B) The lower court determined the Defendant’s punishment by taking into account favorable circumstances, such as the State’s legal order and order, the need for strict punishment for the crime of interference with the performance of official duties to eradicate the light of public authority, the Defendant had been punished due to violent crimes, etc., and the Defendant committed the instant crime again without being aware of even though he was in the period of repeated offense, and without being aware of it, again committed the instant crime.

(c)

Based on the legal principles as seen earlier, there was no particular change in the above sentencing conditions compared with the court below, and the court below’s punishment exceeded the reasonable scope of discretion by taking account of the following factors: Defendant’s age, sexual conduct, motive for the crime, and circumstances revealed in the proceedings of the instant case, including the circumstances after the crime, etc.

It does not appear.

Therefore, prosecutor's assertion is not accepted.

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.