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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (two years of imprisonment for a term of eight-month suspension, probation, community service order 120 hours, and 40 hours of an order to attend lectures for alcohol treatment) of the lower court is too uneasy and unreasonable;
2. The crime of this case requires strict punishment as to the Defendant’s disturbance at drinking house and assaulting the police officer dispatched to this point to interfere with the performance of official duties.
However, in full view of the following circumstances: (a) the Defendant recognized his mistake and is against the Defendant; (b) there is no doubt that the Defendant was punished for the same kind of crime; (c) deposited KRW 500,000 for the victims and the victimized police officers; (d) there is no special change in circumstances after the lower judgment was sentenced; and (e) other circumstances that form the conditions for sentencing specified in the instant records and pleadings, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) the circumstances after the crime,
Therefore, the prosecutor's assertion is not accepted.
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.