2. The crime of this case was committed in the emergency room of a hospital in the influence of alcohol by the defendant and called out after receiving a report that the police officer scambling the defendant, without any reason, and the nature of the crime and the circumstances of the crime are considerably not good, and the defendant has not been able to recover the damage to the police officer or have not been used until now. However, there are some unfavorable circumstances against the defendant, such as the defendant's primary crime and his mistake in depth and reflects it. The defendant seems to have committed the crime of this case by contingency under the influence of alcohol, and the extent of the damage is not excessive. Considering the above favorable circumstances, such as the motive, means and result of the crime of this case, the circumstances after the crime, the defendant's age, character and behavior, intelligence, environment, etc., the prosecutor's assertion that the defendant's punishment imposed by the court below is too unjustifiable, and thus, is not justified.

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