2. The crime of this case committed by the Defendant is an offense that undermines the function of the State by nullifying a legitimate exercise of public authority, and thus, requires a strict punishment. However, the Defendant’s mistake is recognized, and the degree of assault against the police officer is considered to be a relatively serious, and there is no criminal record of more severe punishment than a fine. In light of the motive and background leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character and conduct, environment, occupation, family relation, etc., the sentence imposed by the lower court cannot be deemed to be unfair, as it is too unafluent.

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.