The prosecutor's appeal is dismissed.

1. The sentence of a fine of KRW 2 million imposed by the court below is too unhued and unreasonable.

2. In our criminal litigation law that takes the principle of court-oriented trials and the principle of direct determination, there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court’s sentencing 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 was committed by the Defendant by assaulting the police officer called out by the Defendant’s uniform of duty, thereby obstructing the performance of official duties.

Although it is not possible to see that the defendant recognized the facts charged in this case and is in profoundly against the defendant, the defendant is a primary offender who has no previous criminal record, and the degree of interference with the execution of official duties in this case is serious.

It is difficult to see that the Defendant was issued a summary order of KRW 3 million due to driving of a separate drinking, which was committed immediately before the instant crime, and considering the Defendant’s age, sex, environment, family relationship, circumstances after the instant crime, etc., and other various sentencing conditions specified in the records and pleadings, the lower court’s punishment is too uneasible and unfair, and thus, the 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, and it is so decided as per Disposition.