The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. It is recognized that the instant crime was committed by assaulting a police officer who performed official duties and obstructing the performance of official duties, and that there is a need to strictly punish the instant crime in light of the recent situation of public authority.

However, considering the fact that the Defendant has no record of punishment for the same kind of crime, the Defendant’s mistake is deeply divided, and the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions stated in the pleadings of the instant case, such as the motive, consequence, etc. of the instant crime, the lower court’s punishment is too uneasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.