The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the penalty (a fine of 3.5 million won) declared by the court below against the defendant is too unfilled.

2. The crime of this case is acknowledged in light of the fact that the defendant assaultss the victim who driven a taxi, and further interferes with legitimate performance of official duties by assaulting the police officer who was in charge of crime prevention and control by the victim's report, and that the crime of this case is not good, and that the defendant did not agree with the victim.

However, the defendant recognized the crime of this case and divided his mistake, the defendant did not have any history of punishment as a crime of violence or obstruction of performance of official duties in the past, the degree of violence is relatively minor, and the victim or police officer was not present due to the defendant's crime, the defendant agreed to have only 50,000 won with police officers, deposited for the victim, and all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, the background of the crime of this case, and the circumstances after the crime, etc., the defendant's argument is without merit. Thus, the prosecutor's above assertion is without merit.

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.