The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for six months and one year of suspended execution) declared by the court below is unreasonable.

2. Although the Defendant, while taking a bath against a police officer, uses violence and spits spits, etc. on face, the instant crime is deemed to be a contingent crime in the state of drinking, without any particular criminal records since 2008, the Defendant appears to be against the Defendant’s confession, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, environment, motive, means and consequence, etc., given that the Defendant’s punishment imposed by the lower court is too unjustifiable and unreasonable, the Prosecutor’s assertion of unfair sentencing is without merit.

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.