2. However, if the accused assaults a police officer in the course of performing official duties by putting him in uniform, the nature of such crime is not weak;

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and is in profoundly against the Defendant; (b) there is no previous conviction for the same kind of crime and there is no record of punishment heavier than the suspension of qualification; and (c) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the instant crime, the lower court’s punishment is too unjustifiable.

Therefore, the prosecutor's above assertion of unfair sentencing is without merit.

3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.