The prosecutor's appeal is dismissed.

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. It is not good to show the attitude of assaulting a police officer dispatched after receiving a report by the defendant, obstructing the execution of legitimate duties and destroying public authority, and there is a record of punishment once for violent crimes, etc. that are disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflected against the Defendant; (b) the instant crime appears to have been committed by the Defendant under the influence of alcohol; (c) the degree of the assault committed by the Defendant was not severe; and (d) the previous violent crime was extremely old to have been punished by a fine of KRW 40,000 in around 1978; and (c) the Defendant’s age, environment, sex behavior, motive for the instant crime, circumstances before and after the instant crime, etc., and other circumstances, which are the conditions for sentencing as specified in the instant records and arguments, such as the Defendant’s age, environment, sexual conduct, motive for the crime, and circumstances before

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.