2. The crime of this case committed by the Defendant by dumping the chest part of a police officer, who works on a boundary at the beginning of the police station, by unsating him/her, and assaulting him/her by unsatising his/her body.

In light of the fact that the defendant, while working at the guard of the police station in the state of his taking, attempted to boom a police officer in the beginning without any reason, and attempted to keep the force inside the police station, and committed assault as stated in the facts of the crime, the nature of the crime is not good, and the defendant has been punished twice for the crime related to violence in the past, and the crime of obstruction of performance of official duties like this case requires strict punishment because it seriously infringes upon legitimate public authority.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant committed the instant crime; (c) the Defendant did not have been sentenced to the suspension of qualification or heavier punishment; and (d) the Defendant deposited KRW 400,00 for the victimized police officers at the lower court; and (c) the Defendant’s age, character and conduct, motive, means and consequence of the instant crime; and (d) the circumstances constituting the conditions for sentencing as shown in the records and pleadings, such as the circumstances after the commission of the crime, are deemed unreasonable

Therefore, 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.