2. The lower court sentenced the above punishment in consideration of the first offender, the degree of the assault, the fact that the police officer seems to have caused the assault in the course of resistance rather than actively attacked the police officer, and the fact that the police officer is against the law.

In full view of the circumstances taken into account as above and all other conditions of sentencing, including the Defendant’s age, sex, environment, background leading up to the commission of the offense, means and consequence, size of the offense, and circumstances after the commission of the offense, the lower court determined that the sentence imposed on the Defendant was reasonable, and that the lower court exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, as asserted by a prosecutor, the lower court’s sentencing cannot be deemed unfair as it is so far as it ought to be reversed.

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.