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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable as the punishment (one year of imprisonment with prison labor for four months and one year of suspended execution) declared by the court below against the defendant is unhued.
2. The crime of this case is found to be committed by assaulting a police officer dispatched after receiving a report by the defendant and obstructing his lawful performance of official duties. The crime of this case is not good, and the defendant has been punished several times of violence in the past and has been punished for the same crime in 2007.
However, in light of the fact that the Defendant recognized the crime of this case and divided his mistake, the degree of assault is relatively minor, and the police officers did not have a superior position due to the Defendant’s crime, and the circumstances pointed out by the Prosecutor appear to have been determined after considering all of the above circumstances, and all of the sentencing conditions specified in the pleadings of this case, including the Defendant’s age, character and conduct, the background of the crime of this case, and the circumstances after the crime, etc., the Defendant’s sentence imposed by the lower court is deemed to be unreasonable, and thus, the Prosecutor’s above assertion is difficult to accept.
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.