The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) 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.

(2) On July 23, 2015, Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment against the Defendant by taking into account the following circumstances: (a) the instant crime was committed by an emergency medical personnel by force; (b) by avoiding disturbance, such as threatening the victim, who is a doctor working in an emergency room, and threatening him/her to take advantage of the influence on the first aid and medical treatment of emergency patients; (c) the crime was committed by the Defendant without being aware of the fact that he/she was in a repeated crime; (d) the Defendant agreed with the victim; (d) the victim expressed his/her intention not to be punished; (e) there was no special circumstance or change of circumstances; and (e) the Defendant’s age, character and conduct, motive, means and consequence of the crime; and (e) the circumstances after the crime were considered to be too unreasonable.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.