The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the fine of five million won) by the lower court is too minor.

2. Determination that the Defendant committed assault against a driver demanding payment of taxi expenses, and that it obstructed the exercise of legitimate public authority by assaulting a police officer on duty, is not very good to commit such offense, and that it requires strict punishment at the level of establishing public authority is an element for sentencing unfavorable to the Defendant.

However, it is the sentencing factors favorable to the defendant that the defendant has no record of punishment for the same kind of crime, that all of his crimes are recognized and reflected, and that drinking is likely to lead to the crime of this case by drinking alcohol and contingently.

In addition, when considering the various factors of sentencing prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, it cannot be deemed that the sentence of the court below is too uneasible and unreasonable.

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.