The appeal by the prosecutor is dismissed.

Summary of Grounds for Appeal

(F) The sentence of the court below (two months of imprisonment, two years of suspended execution) is too unfluent and unfair.

Judgment

The crime of this case prevents the defendant from running the restaurant business of the victim D under the influence of alcohol, assaults the police officer dispatched after receiving a report, thereby obstructing the legitimate performance of official duties. The crime of this case is not good, and there is a record of criminal punishment several times due to the same crime.

However, in full view of all the sentencing conditions, including Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence of the lower court is too unjustifiable, and thus is not deemed unreasonable, in light of the following: (a) the Defendant led to the instant crime; (b) the Defendant agreed to have the victim D in full with the victim; (c) the degree of damage is relatively minor; and (d) the Defendant is working to treat alcohol ozone; and (c) the Defendant’s age, character and behavior

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition.