The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., a fine of 6 million won) of the lower court is too unhued 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined a punishment by taking account of the favorable circumstances in which the police officials do not have any history of criminal punishment, and the fact that the police officials do not want punishment against the Defendant, given that the Defendant was relatively high at the time of detection, used violence against police officials without any justifiable reason, and acted with respect to police officials.

In addition, considering all the factors of sentencing as shown in the argument of the instant case, such as the Defendant’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the sentencing of the lower court is too unfluent and so it does not seem to have exceeded the reasonable scope of discretion.

Therefore, 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 as it is without merit. It is so decided as per Disposition.

However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the first head of the judgment of the court below shall be corrected by correcting the "Road Traffic Act" to "former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018)" on the third part of the judgment of the court in the application of the Act on