The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that of the lower court’s penalty of KRW 4,00,000 (a fine of KRW 4,000) is too unhued and unreasonable.

2. The instant crime was committed by the Defendant by assaulting a police officer with legitimate performance of official duties, and thus obstructing the performance of official duties by the Defendant is not good in light of the Criminal Procedure Act, and the Defendant’s act of obstructing the performance of official duties by a police officer in uniform requires strict punishment to enhance the national public authority.

However, considering the favorable circumstances, such as the fact that the defendant's mistake is divided and reflected by the defendant, that the damaged police officer E does not want punishment against the defendant, that there is no record of punishment for the same kind of crime, and all of the sentencing conditions in the instant case, such as the defendant's age, character and conduct, the circumstances and result of the instant crime, etc., it is recognized that the court below's punishment is too unjustifiable and unfair. Thus, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.