The prosecutor's appeal is dismissed.

1. The sentence imposed by the court below on the summary of the grounds for appeal (the imprisonment of four months, the suspension of execution of two years, and the fine of one hundred thousand won) is too unhued and unreasonable.

2. The crime of violation of the Punishment of Minor Offenses Act, which committed the crime of violation of the Punishment of Minor Offenses Act, seems to have been committed continuously by the Defendant at night, resulting in the injury to neighboring residents. The crime of interference with the execution of official duties of this case was committed by the police officer who attempted to arrest the Defendant as a flagrant offender, and the degree of the use of such violence is not somewhat unfavorable to the Defendant.

However, in full view of all the sentencing conditions shown in the pleadings of the instant case, including the Defendant’s age, sexual conduct, environment, family relationship, motive and circumstance after the crime, etc., it is difficult to deem that the sentence imposed by the lower court is too unfasible and unfair, inasmuch as the sentence imposed by the lower court is too unfasible.

Therefore, the prosecutor's above assertion is without merit [On the other hand, the defendant asserts to the effect that "the arrest of the police officer as the current criminal who violated the Punishment of Minor Offenses Act does not meet the requirements for arrest of the flagrant offender, so it is illegal that it does not constitute a crime of interference with the execution of official duties."

The following circumstances revealed through the records of this case, i.e., the statutory penalty for the violation of the Punishment of Minor Offenses Act is a fine not exceeding 100,000 won, detention or minor fine (Article 3(1)21 of the Punishment of Minor Offenses Act), a maximum fine not exceeding 50,000 won, or a fine not exceeding 50,000 won may be arrested without a warrant only when the current criminal is not identified (Article 214 of the Criminal Procedure Act). According to the records of this case, the defendant committed the crime of violation of the Punishment of Minor Offenses Act for a long period of time by committing the crime of violation of the Punishment of Minor Offenses Act, and the police officers have the address and personal information of the defendant for at least one hour.