The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

2. The instant crime is acknowledged that the Defendant committed assaulting a police officer in the course of performing his duties, such as taking a bath, taking the chest, etc., thereby obstructing the police officer’s legitimate performance of duties. The nature of the instant crime is bad, the Defendant committed the instant crime during the repeated crime period, two criminal records already sentenced to imprisonment with prison labor for 12 years due to murder, and other criminal records are also recognized as having been sentenced to two criminal records due to special robbery, violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special Rape, etc.) and special injury crimes.

However, it is also recognized that the defendant recognized the crime of this case and reflected against it, the prevention of recidivism is conducted, the receipt of a letter from the victimized police officer, the conditional recipient of livelihood benefits, medical benefits, and the recipient of housing benefits, the degree of violence against the police officer is not much serious, the defendant's will want his wife, and the defendant's health status is not good.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.