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 instant crime was committed against a police officer who returned home safely the Defendant under the influence of alcohol, and the circumstances leading to the instant crime are not good, etc. that are disadvantageous to the Defendant.

However, in full view of all the sentencing conditions indicated in the pleadings of this case, including the Defendant’s age, sexual conduct, environment, and family relationship, it is difficult to view that the sentence imposed by the lower court is too unafford and thus unfair, is too unafford.

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. It is so decided as per Disposition.