2. The judgment of this case is that the defendant, who is a taxi passenger, was under the influence of alcohol and was requested to return home from the driver's return while he was diving in the taxi, and that the defendant assaults the landscape in the course of arresting him as an flagrant offender and moving to the police station, and that the nature of the crime is not good, and that the landscape of damage wants to be punished by the defendant is disadvantageous to the defendant.

However, there are circumstances favorable to the defendant, such as the fact that the defendant made a confession, the first offender, the agreement with the victim B of the crime of causing property damage, the contingent crime, etc., and there are no changes in circumstances that may be particularly considered in the trial. In full view of all the factors of sentencing, including the motive, means, circumstances after the crime, the age and character of the defendant, the sentence of the court below against the defendant is appropriate.

3. Therefore, 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.