2. The fact that the defendant committed the instant crime during the suspension of execution, and that the defendant had been punished three times for violating the Punishment of Violences, etc. Act even before the suspension of execution, etc. is an element for sentencing unfavorable to the defendant.

However, in full view of all the factors of sentencing favorable to the defendant, including the fact that the defendant recognized his mistake and reflects in depth, the fact that the act of disturbance and violence of the victim of joint injury led to the crime of this case by the act of disturbance and violence, and the fact that the degree of assault against the police officer seems to have been somewhat contingent and not to be much severe, etc., the sentencing factors favorable to the defendant and all the factors of sentencing as shown in the arguments of this case, such as the age, character and conduct, environment, the course and consequence of the crime of this case

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.