The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable as it is too unhued in this case, which is sentenced by the lower court (5,000,000 won in penalty).

2. The lower court rendered the above sentence in consideration of the favorable circumstances, such as the fact that the Defendant was punished for the same kind of crime and again committed the instant crime during the suspension of execution, the Defendant’s reflectiveness, the degree of assault against the victimized police officer is relatively minor, and the Defendant appears to have committed the instant crime in contingency, and the fact that the Defendant appears to have committed the instant crime.

In addition to the circumstances considered by the court below, the defendant is a beneficiary under the National Basic Living Security Act for the aged 70 years, and the social relationship seems relatively clear.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible as the prosecutor asserts.

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.