2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, it is necessary to strictly punish a crime that interferes with the performance of official duties. Each of the crimes of this case is committed against the defendant, which is committed by the defendant at a restaurant, and is arrested in the act of committing an offense in violation of the law, which is committed by the defendant. When being escorted by a box, the defendant spits down spits on the face, floor, etc. of the police officer E who taken the spits, such as spits, spits, etc. on the face and body of the police officer E who taken the spits, etc., and thereby obstructing the legitimate execution of duties concerning the maintenance of order within the criminal investigation and police box, and the nature and consequence of the crime are not easy, and the fact that the defendant has been punished several times due to violence and insult crimes, etc.

However, the circumstances favorable to the above defendant are as follows: (a) the confession and reflect of each of the crimes in this case; and (b) the defendant appears to have reached an contingent crime under the influence of alcohol.

In full view of the above favorable circumstances and conditions of sentencing as well as the Defendant’s age, sex, environment, family relationship, motive and circumstance after the commission of the crime, etc., the prosecutor’s assertion is without merit, since the Defendant’s punishment imposed by the lower court is too uneasible and unfair.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.