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The prosecutor's appeal is dismissed.
Reasons
1. The sentence of the lower court (two months of imprisonment, two years of suspended execution, and eight hours of community service order) is deemed to be too unhued and unreasonable.
2. The Defendant, by assaulting a police officer who performs his/her legitimate duties, obstructed the performance of official duties, and this is a light of public authority, and the quality of the offense is not weak.
However, the defendant reflects the crime, and has no criminal record of obstruction of performance of official duties.
In addition, comprehensively taking into account all other circumstances such as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable.
Therefore, prosecutor's 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.