2. The Defendant, at the police box, takes a bath for police officers and avoiding disturbance is not good to commit the crime. However, it is not good to acknowledge and reflect the Defendant’s crime. The instant crime was committed by losing and interesting the self-control power while the Defendant was being investigated as the victim of the assault under the influence of alcohol; there was no record of punishment for the same kind of crime; and Article 50(1) of the Criminal Act provides that “The severity of the punishment” is according to the order of entry as stipulated in Article 41.

Article 41 of the Criminal Act provides that "The types of punishment shall be stated in the order of death penalty, imprisonment without prison labor, loss of qualification, suspension of qualifications, fines, misdemeanor imprisonment, minor fine, and confiscation. Thus, the punishment imposed by the court below is more severe than that of penal detention (see Supreme Court Decision 2001Do5131, May 28, 2002) and other various circumstances that are the conditions for the punishment specified in the records and arguments of this case, such as the defendant's age, environment, sex, criminal conduct, circumstances before and after the crime, and circumstances before and after the crime.

3. 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.