The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination in the first instance court, and 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, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, there is no change in the conditions of sentencing compared to the lower court’s given that there is no particular submission of new sentencing data in the health team and the trial room. In full view of the reasons for sentencing revealed in the argument process of the instant case (in particular, the Defendant’s mistake is against himself/herself, the damaged police officer is flying the Defendant’s wife, and the Defendant is constantly receiving psychological treatment, counseling, and pharmacologic on the depression and labor union problems caused by alcohol after the instant case, the lower court’s sentencing is too uncomfortable, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

Therefore, prosecutor's assertion is without merit.

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