The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (two months of imprisonment, two years of suspended execution, and eight hours of community service) is deemed to be too uneasy and unfair.

2. Determination

A. The crime of this case is a case where the Defendant assaults a police officer dispatched upon receiving a report, obstructing the performance of official duties, and inflicting an injury on the police officer, and thus the Defendant’s responsibility is not somewhat weak.

B. On the other hand, there are extenuating circumstances, such as the fact that the Defendant was not sentenced to imprisonment, led to a confession and reflects the wrongness, and the degree of the police officer’s injury was not severe.

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

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

However, in the application column of the judgment of the court below, it is clear that the "1." of Article 62-2 (1) of the Social Service Order Act and Article 59 of the Act on Probation, etc. are omitted, so the addition is made pursuant to Article 25 (1) of the Regulations on Criminal Procedure,

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