The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. It is recognized that the instant crime was committed by a police officer who tried to protect a defendant after finding the police officer under the influence of alcohol and assaults the police officer to protect the defendant, and the nature of the crime is not good. The instant crime was committed during the period of repeated crime due to the crime of injury, and the Defendant had a criminal record of the same kind once.

However, the defendant makes a confession of crime and seriously reflects his mistake.

The degree of assault by the defendant appearing in the crime of this case is not serious.

I seem to appear.

The defendant deposited KRW 3 million for the police officer who was assaulted, and the above police officer submitted a written application to the effect that he was able to take a favorable measure against the defendant.

A defendant has a family member(s) to be supported by him/her.

It is difficult for the defendant to take economic circumstances.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too unfeasible and unfair.

Therefore, prosecutor's assertion is without merit.

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.