The prosecutor's appeal is dismissed.

1. The sentence of a fine of KRW 5 million imposed by the court below is too unfilled and unreasonable.

2. In our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, there exists 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 judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the following, it is reasonable to view the crime of this case as follows: (a) the Defendant is humping to police officers and used violence; (b) the Defendant did not have any criminal record exceeding the fine; (c) the Defendant appears to have committed any other crime against the mistake; and (d) considering the Defendant’s age, sex, environment, family relationship, circumstances after the crime, etc., the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.