The prosecutor's appeal is dismissed.

1. The lower court’s sentence (six months of imprisonment, two years of suspended execution, and 80 hours of community service order) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. Determination

A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the first deliberation regarding the determination of sentencing, and the fact that there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance judgment (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (B) The instant crime is deemed to be committed by the Defendant committed by assaulting a public official under the influence of alcohol while the Defendant found in the office of the Armed Forces while being under the influence of alcohol, with heavy nature of the crime, in order to establish the public authority and protect the law and order, interference with the execution of public duties is strictly punished, and the Defendant has a history of having been sentenced once a suspended sentence as a same crime, and once a fine is sentenced.

However, the above circumstances were already launched during the oral argument of the lower court, and there was no special change in circumstances that could change the sentence of the lower court after the pronouncement of the lower judgment, the Defendant recognized the error of the lower court and reflects depth, the injured party does not want the punishment of the Defendant as agreed with the injured party, and other various sentencing conditions as shown in the records and arguments of this case, including the Defendant’s age, sex, criminal conduct, environment, family relationship, motive, circumstance, means and consequence of the crime, and circumstances after the crime, do not seem to be unfair because the sentence of the lower court is too uneasible.

Therefore, prosecutor's assertion is not accepted.

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.