The prosecutor's appeal is dismissed.

1. Sentencing sentencing on the gist of reasons for appeal

2. The crime of this case is not deemed to have been under the influence of alcohol at the time of the crime, and it is not good that the defendant committed an assault while taking a bath to a police officer dispatched by the defendant upon receiving a report 112.

However, even though it was not possible to distinguish interest from interest, it is necessary to strictly punish the crime detrimental to the function of the state by nullifying the exercise of public authority.

However, considering various sentencing conditions in the records and arguments of the defendant, such as age, sex, environment, motive and means of the crime, circumstances after the crime, etc., the sentence of the court below (two years of suspended sentence in April) is too unaffortunate and unfair within the reasonable scope of discretion, in light of the fact that the defendant led to the execution of the police officer's duties, and that there is no past record of punishment, other than the two times of a fine, the defendant's age, sex, environment, motive and means of the crime, and circumstances after the crime.

The prosecutor's assertion is without merit.

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.