The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal: Unfair sentencing

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, 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, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In this case, there is no particular change in the sentencing conditions compared to the original judgment.

Rather, in full view of all the factors indicated in the arguments and records of the instant case, including the fact that the Defendant first agreed with the victimized police officer when the Defendant was in the trial, the first offense, the details and contents of the instant crime, and the circumstances after the instant crime, etc., it is not recognized that the sentencing of the lower court, which sentenced the Defendant to a fine of KRW 5 million, is too uneasible, and thus, exceeded the reasonable scope of discretion.

3. Accordingly, the prosecutor's appeal cannot be accepted, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.