2. The judgment is that the Defendant’s crime of this case is a crime that has impaired the State’s function by nullifying the legitimate exercise of public authority, and thus, requires a strict punishment for the Defendant. However, the Defendant is a first offender who has no record of crime, and is deemed to have committed the instant crime under the influence of alcohol, with no record of crime, and the degree of assault committed by the Defendant against the police officer is likely to have been relatively severe, and the Defendant appears not to have committed the instant crime in light of the motive and background leading up to the instant crime, the circumstances before and after the commission of the crime, the Defendant’s age, sexual behavior, occupation, family relation, etc., the punishment imposed by the lower court cannot be deemed unfair because it is too uneasible.

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.