The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, and the probation one year) declared by the court below is too unfased and unreasonable.

2. Determination Doctrine, the defendant can have a criminal record due to violent crimes, and there is one time to suspend the execution of the same kind of crime, and the police officer who is the other party to the crime of this case wishes to punish the defendant, and there is a disadvantage to the defendant.

On the other hand, there are favorable circumstances for the defendant, such as the confession of the crime of this case and the statement that the defendant is divided, and the detention of the defendant is likely to cause economic difficulties to his dependants.

In full view of the above circumstances and the Defendant’s age, character and conduct, intelligence and environment, and the motive, background, means and consequence of the instant crime, the circumstances after the commission of the crime, criminal records, and family relations, the sentence imposed by the lower court is appropriate, and is not deemed unreasonable as it is so far as it should be reversed.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

(However, since it is obvious that the "public official duty execution" of 11th written judgment of the court below is a clerical error, it shall be corrected ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure as "Obstruction of Performance of Official Duties," and the "Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, Etc." of 15th written judgment of the court below is a clerical error. Thus, ex officio in accordance with Article 62-2(1) and the proviso of Article 62-2(2) of the Criminal