The sentence of the lower court (a fine of three million won) is too unhued and unreasonable.

Judgment

In full view of various circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, etc., which are the conditions for sentencing in the instant case, the lower court’s punishment is too uneasible and unreasonable, and thus, the Prosecutor’s assertion is without merit, inasmuch as it appears that the Defendant committed an assault against a police officer who performed official duties while under the influence of alcohol and appears to be aware of the Defendant’s mistake and reflect. The Defendant’s primary crime without criminal punishment; that there was no significant damage to the said police officer; and that there was no other serious damage to the police officer.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.