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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) is that of the lower court’s punishment (the imprisonment of eight months, the suspension of the execution of two years, and the community service hours of 80 hours) is too uneasy and unreasonable.
2. The judgment of the defendant is deemed to have an unfavorable condition, such as the defendant's obsesses to the police officer who lawfully exercises control, and assaulted on the part of the defendant.
However, in light of the fact that the Defendant’s mistake reflects on the Defendant, the Defendant appears to have committed the instant crime, the degree of assault is not serious, the Defendant did not have any criminal record exceeding the same kind or fine, and other various sentencing conditions, such as the Defendant’s age, sex, environment, details and means of the crime, and result, the circumstances after the crime, etc., the sentence of the lower court cannot be deemed unfair because its punishment is too unfeasible.
Therefore, the prosecutor's improper argument of sentencing is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.