The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for four months and one year of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The crime of this case committed by a foreigner, by assaulting a police officer called out after receiving a report by a foreigner, without calculating the food value under the influence of alcohol, is very poor in light of the circumstances and methods of the crime.

This act is highly likely to be criticized in that it not only interferes with police officers' 112 reporting duties, but also can promote light of legal order and public authority.

However, in full view of the following facts: (a) the Defendant recognized the instant crime and against his mistake; (b) there was no record of criminal punishment other than a home protection case sent to the Defendant; (c) equity in sentencing with the same or similar case; and (d) other factors of sentencing as indicated in the instant pleadings, including the Defendant’s age, career, character and conduct, environment, motive and circumstance of the crime, means and consequence, etc., the lower court’s punishment against the Defendant cannot be deemed unreasonable as it is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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.