The prosecutor's appeal is dismissed.

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. The Defendant, by assaulting a police officer who sought to return home, obstructed the performance of official duties.

The crime is not a good crime because of the light of the public authority essential to maintain the order of the state.

The police officer who suffered the damage was punished for the defendant, and the damage was restored.

There is no evidence to see.

When considering these circumstances, the defendant needs to be punished corresponding to the responsibility for the crime.

However, the defendant recognized the crime of this case, and reflects his mistake in depth.

At the time of the instant case, it appears that the occurrence of the instant crime was likely to result in the occurrence of the instant crime, and the degree of the assault used by the Defendant to a police officer is not severe.

There is no criminal offense against the defendant beyond the same kind of offense and fine.

In full view of the above circumstances, comprehensively taking into account the Defendant’s age, sex, career, environment, family relationship, motive and background of the instant crime, means and methods, results, and the circumstances before and after the instant crime, it cannot be deemed that the sentence imposed by the lower court is too uneasible and unfair.

Therefore, the prosecutor's above assertion cannot be accepted.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.