The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (two months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. Determination

A. The crime of this case is a case where the Defendant, while under the influence of alcohol, avoided disturbance and assaults the police officer to obstruct the performance of official duties, and it is necessary to punish the Defendant with strict punishment in light of the fact that the Defendant has four times a fine imposed due to violent crimes.

B. Meanwhile, there are extenuating circumstances, such as the confession of a crime and reflects the wrongness of the Defendant, the fact that the victimized police officer was killed, and deposited KRW 500,00 for the said police officer, and the fact that there was no particular violent crime after 198 and the health status was not good due to the disability of Grade V.

In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, family relationship, circumstances and result of the crime, etc., the sentence of the lower court is adequate.

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

(However, since it is obvious that the "satisfy" of the first criminal facts of the judgment of the court below is a clerical error of the defendant, it shall be corrected in accordance with Article 25 (1) of the Regulations on Criminal Procedure).