2. Determination of the crime of this case is an unfavorable circumstance to the defendant, such as the fact that the defendant used violence against police officers who perform legitimate duties, and that the defendant was punished by a fine for the same kind of crime in 197.

On the other hand, the fact that the defendant's mistake is recognized and against himself, the degree of assault by the defendant is relatively weak, the criminal records of the same kind of punishment of the defendant are relatively old, and in addition, the fact that there is no other criminal records than the fine imposed by driving under the influence of alcohol in 2001 is favorable to the defendant.

Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem the lower court’s punishment to be too unfortunate and unfair.

Therefore, the prosecutor's above 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.