The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (ten months of imprisonment, two years of suspended sentence, two years of probation, observation of protection, and 80 hours of community service) is deemed to be too uneasy and unfair.

2. The instant crime requires strict punishment to prevent a police officer from performing his/her duties by assaulting and obstructing his/her performance of duties; the Defendant’s punishment, including imprisonment with labor, is disadvantageous to the Defendant; however, the Defendant’s recognition of the instant crime is against the Defendant, and the degree of assault is relatively insignificant.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and other various sentencing conditions as shown in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too unfasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.