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. It is recognized that the crime of this case committed by a police officer upon receipt of a report on 112 was not less severe than the nature of the crime of this case, and that there were several kinds of criminal records including the defendant under the suspension of the execution of imprisonment for that period. On the other hand, the defendant was under the influence of alcohol at the time, and there are some circumstances to be taken into account in the process of committing the crime of this case under the influence of alcohol at the time, the police officer did not focus on the extent of assault (16th page of the evidence record) that the defendant did not harm drinking in the end of his house flasing with son, etc., the fact that the police officer recognized the defendant's mistake and reflects the defendant's age, sex, sex, environment, family relationship, health status, the process, motive, means and consequence of the crime, etc., and the circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too unfair, considering all the sentencing conditions of this case as stated in the argument of this case.

3. Accordingly, 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.