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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.
2. The act of causing harm to a police officer on duty like the instant crime is a violation of the public authority’s trust, and thus requires strict punishment to eradicate the public authority. The instant crime is a situation unfavorable to the Defendant, in light of the circumstances of the crime, where the Defendant, who caused an accident due to drinking driving, takes a bath to a police officer with the numerical value equivalent to the cancellation of the license as a result of a drinking measurement, and the Defendant’s act of causing harm to a police officer on duty, i.e., causing an accident due to drinking, was carried out by drinking, and thus, the degree of the offense was
However, considering the following factors: (a) the Defendant recognized the instant crime; (b) the degree of assault used by a police officer is not serious; (c) criminal punishment is not confirmed; and (d) the Defendant’s age, sexual conduct, environment, family relationship, motive, and circumstances after the instant crime; and (b) the sentencing conditions specified in the records and arguments, such as the Defendant’s age, sex, environment, family relationship, motive, and circumstances after the instant crime, the lower court’s punishment cannot be deemed to be unfair
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 appeal is without merit. It is so decided as per Disposition.