The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. On July 3, 2009, the fact that the Defendant had already been punished due to the obstruction of performance of official duties, etc., was released from the court of Incheon District Court after being sentenced to imprisonment with prison labor for a period of one year and six months due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and again repeated the instant crime during the period of repeated offense, and the circumstances leading to the instant crime, method of the commission of the crime, etc., are disadvantageous to the Defendant.

However, in full view of the following factors: (a) the Defendant led to the instant crime; (b) the degree and result of the assault; (c) the victimized police officer is not subject to the punishment of the Defendant; and (d) the Defendant’s age, family environment, and circumstances before and after the instant crime; and (c) other various sentencing conditions in the records and pleadings, the lower court’s punishment against the Defendant is too uneasible and unreasonable.

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