The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The judgment of the court below recognizes that the crime of this case was committed under favorable circumstances such as the defendant's 112 report of the wife who was assaulted by the defendant, and the defendant was dispatched to the scene and obstructed the legitimate execution of duties by using his arms, and the nature of the crime is not mitigated. The crime of this case is committed under the unfavorable circumstances against the defendant, on the other hand, the defendant confessions the crime of this case and goes against depth. At the time, the police officer, under the influence of alcohol, dispatched to the site after being reported by his wife, was prevented from committing the crime of this case. The defendant was found to have caused the crime of this case by contingency when the police officer dispatched to the site after being reported by his wife at the time of his wife's serious dispute with his wife. On June 198, 198, it was recognized that there was no force except for punishment of a fine once for the crime of violence, and if the defendant's age, sex, sex, environment, family relationship, the circumstances and result of the crime of this case, etc.

3. 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 without merit. It is so decided as per Disposition.