The crime of this case is a factor of sentencing unfavorable to the defendant, such as the fact that there is a need to strictize the public authority and legal order by exercising violence against a police officer who properly performs official duties, and that the defendant has the same criminal records.

However, in full view of the various sentencing factors indicated in the pleadings of the instant case, such as the Defendant’s confession and rebuttal, the instant crime was committed by the Defendant, the degree of assault was relatively heavy, and the Defendant’s age, sexual conduct, environment, the process and consequence of the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment is too uneasible and unfair, and thus, the prosecutor’s assertion is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.