The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The Criminal Procedure Act of Korea, which takes the principle of court-oriented trials and the principle of direct determination, has a unique area of the first instance in the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance court’s determination (Supreme Court Decision 2015Do3260 Decided July 23, 2015). It is recognized that the Defendant had the record of having been sentenced one time a fine due to interference with the performance of official duties, and that there was several times a fine due to violent crimes, etc., but the lower court appears to have determined the sentence against the Defendant, and there was no change in circumstances that may be considered in the sentencing after the sentence of the lower court, and the Defendant was found to have committed the instant crime, and that there was no relatively heavy degree of assault against the police officer, and thus, it does not seem that the lower court exceeded the Defendant’s age, sex, environment, motive and method of the instant crime, and the following circumstances.

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.