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. Each of the instant crimes is acknowledged, without any particular reason, that the Defendant assaulted the Victim B, who is a substitute driver, and voluntarily accompanied the police box to a police officer performing his duties while avoiding a disturbance. It is recognized that the nature of the relevant crime is inferior, and that the Defendant has a record of being punished by imprisonment and fine due to the same kind of crime.

However, it is also recognized that the defendant's mistake is against himself, and the defendant has agreed with the victim and the police officer, and the damage caused by the crime of this case is relatively minor.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unfeasible and unfair.

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