The prosecutor's appeal is dismissed.

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

2. The Defendant had a record of criminal punishment on several occasions, including two times of fines due to a crime of interference with the performance of official duties, and was sentenced to imprisonment with prison labor for six months in the Incheon District Court’s Vice Branch Branch of the Incheon District Court and for two years of suspended execution and was under suspended execution at the time of the instant crime.

Nevertheless, the defendant assaulted the police officer who was called for the purpose of breathing the breath without being familiar with the defendant, and the responsibility of the defendant for the crime is not against the law.

However, the defendant recognized the crime of this case and is in depth divided, and does not drink again, and thus makes it hard to prevent the recurrence of such crime.

Although the degree of assault by the defendant does not seem to be significant, the court below stated that the injured party does not want the punishment of the defendant by paying 3 million won to the injured party in the original instance.

The lower court seems to have determined a sentence by comprehensively taking into account the following circumstances, Defendant’s age, sex, environment, circumstances after the crime, social ties, etc.

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.