The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. Upon receiving a report on 112, a police officer called out to the scene of the crime of this case was assaulted by selling the police officer as drinking, and considering the attitude in the investigation process, etc. thereafter, it is recognized that the crime of this case is not less complicated. Meanwhile, considering the fact that the Defendant committed a contingent crime under the influence of alcohol and there is no particular criminal history prior to the instant crime, the Defendant’s age, sex, conduct, environment, family relationship, health status, details, motive, means and consequence of the crime, and all of the sentencing conditions stated in the arguments of this case, such as the circumstances after the crime, it is not recognized that the sentence imposed by the lower court is too unreasonable and unfair.

3. Accordingly, 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.