The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (five months of imprisonment, two years of suspended execution, and eight hours of community service) is deemed too unhued and unreasonable.

2. Determination

A. In light of the fact that the crime of this case was committed by assaulting a police officer dispatched upon receiving a report by the Defendant and obstructing the performance of official duties, there is a need to strictly punish the obstruction of performance of official duties in order to establish the State’s legal order and eradicate the light of public authority, and that there is a war of several times of violence, etc., the Defendant may not be held seriously liable for the crime.

B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant did not go beyond the previous and the sentence, and led to the confession and reflect of the crime, the degree of violence and obstruction of the performance of official duties is not heavy, and heinson’s disease, etc., supporting 70 old-ages who are diagnosed as having a good health condition.

In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, living environment, details and consequence, and circumstances after the crime, the sentence of the lower court is adequate.

3. The appeal by the prosecutor of the conclusion 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.