The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The Defendant, under the influence of alcohol, abused a police officer who solicits the Defendant to return home in the street. In light of the motive and circumstance of obstructing the performance of official duties, the Defendant’s liability for such crime is not easy.

However, the defendant recognized the crime of this case, is deeply divided, and is hard to prevent recurrence.

Prior to the instant case, the Defendant has no record of criminal punishment other than the punishment of a fine for an immigration offense, once.

The crime of this case appears to have been committed in a relatively contingent manner while under the influence of alcohol, and the degree of assault is relatively minor.

The lower court seems to have determined punishment by comprehensively taking into account the aforementioned various circumstances, Defendant’s age, sex, environment, and circumstances after the crime.

The sentencing of the lower court is within the reasonable scope of its discretion.

In addition, there is no change in sentencing conditions that can be newly considered in the trial.

Therefore, the sentence imposed by the court below cannot be deemed to be unfair because it is too uneasible.

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.