The prosecutor's appeal is dismissed.

1. The court below's sentence (five million won of fine) against the defendant in light of the gist of the grounds for appeal is too unhued and unreasonable.

2. In light of the following: (a) the Defendant has been subject to criminal punishment several times due to the crime of injury, etc.; (b) the Defendant committed the instant crime during the period of suspension of execution; (c) the commission of the instant crime by assaulting a police officer performing legitimate official duties and obstructing the performance of his/her duties is disadvantageous to the Defendant; (d) the Defendant’s confession is against the Defendant; (c) the Defendant’s assault committed against the police officer; (d) the use of the assault by the police officer was not excessive; (e) the Defendant’s deposit of KRW 50,00 for the police officer who committed the assault; and (e) other factors of sentencing as indicated in the instant case, the lower court’

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.