The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (eight months of imprisonment and two years of suspended sentence) is deemed to be too uneasy and unfair.

2. In a case where there is no change in the conditions of sentencing compared with 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment favorable to the Defendant in consideration of the following: (a) under the circumstances unfavorable to the Defendant, the Defendant was subject to punishment for the same kind of crime; (b) there is a high possibility of criticism that the Defendant’s insult and assaulting female police officers would interfere with the performance of official duties; (c) there is no criminal record other than fines on several occasions; (d) there was a depression and yellow disorder; and (e) an emotional distress was difficult for emotional distress and economic difficulty due to depression; and (e) the victim was flading alcohol in the form of the instant crime; and (e) having continued to undergo mental and medical treatment.

There is no change in the conditions of sentencing compared with the original judgment because new sentencing data have not been submitted at the trial court. In full view of the reasons for sentencing as stated by the lower court and the records of the instant case and the reasons for sentencing as shown in the trial process, the lower court’s sentencing was too unhued and so it exceeded the reasonable scope of discretion.

It does not appear.

Therefore, prosecutor's assertion is not accepted.

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.