The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unfilled and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The crime of this case is recognized as a case in which the Defendant committed an assault by putting the balth of the victimized police officer who was performing his/her legitimate duties in his/her hand, thereby harming him/her.

However, considering all of the sentencing factors indicated in the records and arguments of this case, such as the Defendant’s age, character and conduct, environment, background of the instant crime and circumstances after the crime, etc., it is difficult to see that the lower court’s punishment is too unjustifiable, and thus, is too unreasonable, considering the following: (a) the Defendant is the first offender who has no record of criminal punishment before; (b) the degree of damage inflicted by the victimized police officer is relatively heavy; and (c) there is no change in special circumstances to change the sentence of the lower court after the sentence of the lower judgment was pronounced.

Therefore, the prosecutor's above 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.