The prosecutor's appeal is dismissed.

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

2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(2) In light of the aforementioned circumstances, the lower court: (a) rendered a sentence on July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In so doing, the lower court did not err by misapprehending the legal doctrine on the punishment of the Defendant, taking into account the following circumstances: (b) the Defendant’s motive and assault against the police officer in charge of legitimate duties; (c) the Defendant’s mistake and reflects the Defendant; and (d) there is no special circumstance or change in circumstances that may be considered for newly sentencing in the trial; and (d) the Defendant is not a primary offender; (c) however, even if the Defendant was sentenced by taking into account the circumstances favorable to the initial offender, it is difficult to view that the aforementioned sentencing condition was significantly changed in the trial due to the fact that there was no specific penalty power, other than the Defendant

In addition, comprehensively taking account of the Defendant’s age, character and conduct, family relations, motive and background of the offense, and all the factors of sentencing as shown in the instant records and pleadings, the lower court’s sentencing is too uneasible and discretionary.