The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (unfair sentencing) of the judgment of the court below is unfair because the punishment (3 million won in penalty) imposed by the defendant is too uneased.

Judgment

The crime of this case is committed by assaulting a police officer wearing a uniform dispatched after receiving a report by the defendant, and the nature of the crime is not good.

However, the defendant committed the crime of this case in a state of drunken, and the extent of exercising his tangible power is relatively minor, and the defendant has no same record as he was punished for a crime of violence in 2005.

In the instant case where there was no change in circumstances that could determine a sentence differently from the original judgment in the appellate trial, in full view of various circumstances, including the Defendant’s age, sex, environment, health condition, family relationship, motive, means and consequence of the crime, etc., it is difficult to deem the lower court to have exceeded the scope of the sentencing discretion imposed on the Defendant, and to be unfair as it is too unaffortable.

Therefore, the prosecutor's improper argument of sentencing is not accepted.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.