The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of this case on board prevents a police officer from performing his legitimate official duties in a manner that the defendant takes a bath to a police officer while taking an examination at a police station due to the payment of taxi expenses, such as taking a disturbance, taking the face of a police officer one time by hand. In light of the circumstances of the crime, the attitude of the act, etc., the crime is poor; the victim police officer is trying to have strong punishment against the defendant; the establishment of a national legal order and the eradication of the public power, and the need to strictly punish the defendant with a view to preventing the performance of official duties.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant recognizes and reflects his mistake, and seems to result in the crime of this case in contingency under the influence of alcohol, the degree of assault is not severe in the crime of this case, and there was no significant result in the injury to the police officer who suffered from the crime of this case, and the fact that there is no record of the same kind of punishment, etc., and other factors of sentencing as shown in the arguments of this case, such as the defendant's age, sex, family environment, motive and background of the crime, means and consequence of the crime, etc., it is not recognized that the punishment imposed by the court below is too unjustifiable and unfair.

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.