The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of this case is a case of assaulting a victimized police officer who was dispatched after receiving a report of assaulting a criminal suspect, and the nature of the crime is not good, and the crime of obstructing the performance of official duties, such as this case, needs to be punished strictly, in order to establish the legal order of the State and eradicate the light of public authority, etc. However, the crime of obstructing the performance of official duties, such as this case, is committed against the defendant, while the defendant is led to the confession of the crime, the extent of the defendant's assault or obstruction of the performance of official duties, the defendant's failure to bear any record of criminal punishment before the crime of this case, the defendant has no record of criminal punishment prior to the crime of this case, the equity of sentencing with the same and similar cases, the defendant's age, sexual behavior, environment, and the motive and background leading up to the crime of this case, the means and consequence after the crime, etc., are considered to be unfair, and the prosecutor's allegation above 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 prosecutor's appeal is without merit. It is so decided as per Disposition.