The prosecutor's appeal is dismissed.

1. The instant crime of determining the grounds for appeal (unfair assertion) is an unfavorable circumstance against the Defendant, in light of the method of the instant crime and its danger, where the Defendant was accused of the fact that the Defendant was subject to drinking control, taken away the flag from his own cargo vehicle, and entered the police box, thereby threatening the police officers to scam the above flag and endangering the flag.

However, considering the various sentencing conditions in the records, such as the Defendant’s age, character and conduct, family relationship, means and consequence of the crime, circumstance after the crime, etc., the lower court’s punishment (one hundred months of imprisonment, two years of suspended execution, probation, and confiscation) is too unjustifiable and unreasonable. It cannot be deemed that the Defendant’s punishment (one year of suspended execution, two years of probation, and confiscation) is too unreasonable.

2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.