The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(2) According to the Majority Opinion, the lower court’s determination of the lower court on July 23, 2015 on the grounds that the crime of obstruction of performance of official duties was committed under the conditions that are disadvantageous to the fact that the crime of obstruction of performance of official duties requires severe punishment, and that the Defendant recognized the mistake and reflects the fact that the Defendant was not serious, that the degree of assault was not serious, and that the Defendant was the initial offender, etc., and that there was no special circumstance or change in circumstances that may be considered newly in sentencing in the trial. In full view of all the sentencing factors indicated in the instant records and arguments, including the Defendant’s age, character and conduct, family relation, motive and background of the crime, and circumstances after the crime, etc., the lower court does not seem to have exceeded the reasonable scope of discretion, and thus, did not seem to have exceeded the reasonable scope

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.