The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. On the other hand, the crime of this case is a kind of spitation that takes place against a police officer's face who was called up after receiving a 112 report under the influence of alcohol, and it is also true that it is necessary for the defendant to strictly punish the defendant because the nature of the crime is not weak.

However, taking into account the following circumstances: (a) the Defendant recognized the instant crime and divided his mistake; (b) the Defendant was punished as a violent crime against a public official or was punished for a suspension of execution or heavier punishment for another crime; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) other various factors that are the conditions for sentencing as indicated in the record, such as the circumstances after the crime, etc., the lower court’s sentence is too uneasible and thus, is unreasonable.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.