The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The nature of the offense is not that of assaulting a police officer who makes a judgment on a legitimate performance of official duties.

However, considering the favorable circumstances, such as the fact that the Defendant was the primary offender, and the fact that the Defendant recognized the crime and divided the mistake, and other various sentencing conditions, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., it cannot be said that the sentence imposed by the lower court is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.