The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. Under our criminal litigation law, which takes the trial-oriented principle 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 (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The instant crime is a crime detrimental to the State’s function by nullifying the legitimate exercise of public authority, and requires a corresponding punishment for establishing national legal order and eradicating the light of public authority.

However, the defendant shows the attitude to recognize and reflect the crime of this case, and there is no record of criminal punishment prior to this case.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, motive and background of committing the crime, means and method, circumstances after committing the crime, and all the factors of sentencing as shown in the trial process, the lower court’s punishment is not deemed to have exceeded the scope of reasonable discretion or to be unfair because it is too low.

Therefore, the prosecutor's above assertion is without merit.

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