The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant assaultss a police officer who lawful performance of official duties, and the nature of the crime is not good, and the defendant has a record of punishment for the same kind of crime.

On the other hand, the fact that the defendant's mistake is against himself and is punished for the same kind of crime as mentioned above is relatively old, but there is no record of punishment after 2008, etc. are favorable to the defendant.

Considering the above circumstances and the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem that the lower court’s punishment is too uneasible and unfair.

Therefore, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.