2. The judgment is that the Defendant’s crime of this case is a crime that has impaired the State’s function by nullifying the legitimate exercise of public authority, and thus, there is a need to strictly punish the Defendant. However, the Defendant is a first offender who has no record of crime, and is deemed to have committed the instant crime in a state of drinking, with no record of crime. The degree of assault inflicted on the police officer is deemed not to have been relatively serious, and the Defendant appears to have committed the instant crime 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, occupation, family relationship, etc., and other various circumstances that form the conditions for sentencing as indicated in the records, the sentence imposed by the lower court cannot be deemed to be unfair because it is too uneasible.

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.