The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. It is recognized that the instant case is a matter of assaulting a police officer who wears his uniform and performs official duties, and that there is a need to strictize such a crime with an aim to establish a national legal order and eradicate the light of public authority.

Before the instant case, the Defendant had a record of being punished by a fine for the same kind of crime, and it seems that there was no suspicion from the victimized police officer or has been recovered from the damage.

However, in full view of all the sentencing conditions indicated in the records of this case, including the defendant's age, character and behavior, environment, motive and circumstance after the crime, etc., that the defendant seems to have committed the crime of this case, the degree of assault accompanying the crime of this case was not relatively heavy, the defendant did not have any record of punishment exceeding the fine of violence, and other all the sentencing conditions indicated in the records of this case such as the defendant's age, character and behavior, environment, motive and circumstance after the crime, etc., it is not recognized

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