The prosecutor's appeal is dismissed.

1. The lower court dismissed the prosecution against the Defendant regarding the assault of each of the facts charged in the instant case, and convicted the Defendant of each of the remaining facts charged.

In this regard, only the prosecutor appealed the guilty part, and the dismissed part of the judgment of the court below was separated and finalized as it is.

Therefore, the scope of this court's judgment against the defendant is limited to the guilty part of the judgment below.

2. The main point of the grounds for appeal is that the sentence (6 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

3. Determination of the crime of this case prevents the execution of official duties by means of assaulting a police officer who wears his uniform. It is recognized that the crime of this case is bad in the nature of the crime, the crime of obstructing the performance of official duties requires strict punishment as an offense impeding the legal order of the State, and that the defendant committed the crime of this case during the period of repeated offense.

However, it is also recognized that the defendant recognizes his mistake and reflects all of his mistake, and the degree of damage suffered by the victim police officers due to the crime of injury in this case is relatively insignificant.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unfeasible and unfair.

4. 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.