2. The crime of this case is a crime that undermines the function of the State by nullifyinging the legitimate exercise of public authority, and there is a need to strictly punish the defendant, and the defendant has been subject to five times punishment due to the violation of the Punishment of Violences, etc. Act, obstruction of performance of official duties, etc. (one time a suspended sentence of punishment, four times a fine). However, the degree of the assault of this case is relatively minor, the defendant has no penalty power after being punished on October 21, 1996, the defendant has no penalty power, the defendant reflects his mistake, and considering all kinds of sentencing conditions such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc., 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 as it is without merit. It is so decided as per Disposition.