The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (4 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The crime of this case is deemed to have been committed by a police officer who was called up after receiving 112 report that "the defendant assaults D," and used violence. However, the defendant has no record of criminal punishment other than the fine imposed twice due to drinking driving. Although the defendant shows a somewhat violent tendency in light of investigation career data, it appears that the defendant is due to domestic violence. However, the defendant is making efforts to repent, such as receiving education at the domestic violence counseling center, and the defendant shows an attitude against the crime of this case. The crime of this case seems to have been committed by a somewhat contingent act while under the influence of alcohol, and the degree of violence is deemed to have been committed by the defendant. In full view of various circumstances that are favorable to the defendant, such as the defendant's age, motive and circumstance of the crime, and the circumstances after the crime, etc., the court below's punishment cannot be deemed to have been too unfair, and thus, the 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.