The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of two million won) declared by the lower court is too unhued and unreasonable.

2. The crime of this case committed by a police officer upon receipt of a report of a assault case, is a circumstance unfavorable to the defendant, such as the following: (a) the defendant was about to flee in the course of the investigation of the case by the police officer; (b) the police officer intending to restrain the escape; and (c) the police officer’s legitimate performance of duties by exercising the right to assault; and (d) the nature of the crime is not easy in light of the circumstances of this case,

However, in full view of the following circumstances: (a) the Defendant, as a primary offender, led to the confession and reflect of the instant crime; (b) the Defendant appears to have committed the instant crime by contingency while drinking alcohol; (c) the degree of the instant assault was not severe; and (d) other circumstances that are conditions for sentencing prescribed in Article 51 of the Criminal Act, including the motive of the instant crime, character and conduct of the Defendant, the environment, criminal records, family relationship, and circumstances after the instant crime, etc., the Defendant’s sentence imposed by the lower court is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is groundless.

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.