The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the penalty (five million won of a fine) declared by the court below is too unhued.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). The Defendant interfered with the performance of official duties by taking the face and head of a police officer called up after receiving a report 112 on several occasions. There are unfavorable circumstances, such as that the degree of tangible force exercising the duties is not easy.

However, considering the above circumstances, the lower court determined the Defendant’s punishment and there is no change in circumstances that may be considered in sentencing after the sentence of the lower judgment.

In full view of the fact that the defendant shows his mistake and reflects, there is no record of punishment for the same kind of crime or violent crime in the past, and other factors of sentencing as shown in the records and trial process of this case, such as the defendant's age, character and conduct, environment, motive and circumstances of each of the crimes of this case, means and methods, circumstances after the crime, etc., it is not deemed that the sentence imposed by the court below is beyond the scope of reasonable discretion, or is too unreasonable.

3. The prosecutor's appeal of conclusion 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.