The sentence of the lower court (a fine of three million won) is too unhued and unreasonable.

Judgment

In order to protect legitimate performance of official duties of the State and establish sound social order, the crime of obstruction of performance of official duties needs to be strictly punished, and the fact that the defendant expressed a police officer who was dispatched to the 112 Report and expressed a desire to commit the crime and prices the chest of the police officer for drinking, etc. is considerably poor in the nature of the crime, and that the defendant committed the crime of this case without being aware of the crime even though it had been committed by violence crimes.

However, taking into account the following factors: (a) the Defendant reflects his mistake; (b) the Defendant committed an contingent crime after drinking alcohol; (c) the Defendant has no record of being punished for obstruction of performance of official duties; and (d) the Defendant’s age, character and conduct, environment, etc. specified in Article 51 of the Criminal Act, which is a condition for sentencing, such as the Defendant’s age, character and conduct, as indicated in the instant records and pleadings, it cannot

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.