The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s imprisonment (two months of imprisonment and two years of suspended execution) is too unfluent and unfair.

2. In light of the circumstances and details leading to the instant crime by taking a bath to a police officer who is performing legitimate official duties, and assaulting him/her due to drinking, etc., the circumstances that led to the instant crime, such as bad quality of the crime, and the fact that he/she has been already punished several times due to violent crimes, are disadvantageous to the Defendant.

However, in full view of the following: (a) the Defendant led to the instant crime and committed the instant crime more than one month in prison life; (b) there was no record of being punished for obstruction of performance of official duties prior to the instant crime; (c) he made efforts to compensate for damages by depositing KRW 500,000 in the lower court for the victimized police officer; and (d) other various sentencing conditions in the records and arguments, including the Defendant’s age and family environment; and (e) the circumstances before and after the instant crime, etc., the Defendant’s punishment against the Defendant is too unjustifiable and unreasonable.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.