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 instant crime prevents a police officer from performing official duties by exercising violence against a police officer who is subject to the Defendant’s disturbance under the influence of alcohol on the road, and thus, is not subject to the indictment in light of the content and circumstances of the crime.

However, in full view of the facts that the instant crime was committed by contingent crimes, the Defendant appears to have committed a crime, and the degree of assault is excessive, and there is no record that the Defendant was punished for obstructing the performance of official duties, and other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, sex and environment, and circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed to be unfair because the sentence imposed by the Defendant is too unfeasible.

Therefore, 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 prosecutor's appeal is without merit. It is so decided as per Disposition.