The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of this case committed by the Defendant, under the influence of alcohol, damages property at a restaurant, and the crime of this case committed an assault while taking a bath to police officers dispatched after receiving a 112 report.

However, the Defendant recognized all of the instant crimes, against whom it was committed, and agreed with the victim of the crime of property damage.

In addition, the defendant has no other criminal history except for the punishment of a fine in 2005, and there is a need to support the wife and young children.

In addition, comprehensively taking account of the various circumstances such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.