The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., in a case where a police officer assaults a police officer who intends to arrest the defendant as a flagrant offender committing a drunk-driving and intends to board the patrol vehicle, and the nature of the crime is inferior, and there is a need to strictly punish the crime against the public authority that duly enforce the law, and there is no attitude against the police officer, such as denying part of the crime until the court below, etc. In light of the above, the fine of three million won imposed by the court below against the defendant is too uneasible and unfair.

2. Taking into account the circumstances where the prosecutor’s decision on the grounds for appeal is well-founded, considering the following: (a) the Defendant was arrested as a pro-Japanese flagrant offender and led to the rest of the instant case, without any previous conviction; (b) the first offender without any previous conviction; (c) the degree of assault is relatively minor; (d) the police officer has compensated and agreed to compensate for damage; and (e) examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive for and consequence of the crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court against the Defendant is appropriate,

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.