The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. Determination of the instant crime is not good for committing the instant crime, which is an act of light of legal order and public authority and thus infringing on it.

However, considering the fact that the Defendant recognized and reflected the crime, the circumstances favorable to the fact that the Defendant has no record of being punished for the same kind of crime or of having no record of punishment exceeding the fine, and in full view of all the conditions of the sentencing, including the Defendant’s age, sex, environment, family relationship, circumstances leading to the crime, means and consequence, the lower court’s judgment of sentencing exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the prosecutor’s aforementioned assertion is without merit, since the lower court’s punishment is too uneasible and unreasonable.

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.