2. Determination ① “Interference with the performance of official duties” requires strict punishment to establish public authority and legal order, and the Defendant’s attitude that the police recognized the instant crime and reflected in the police, but the lower court’s rejection of the instant crime is disadvantageous.

However, in full view of the following circumstances: (a) the Defendant has no record of criminal punishment; (b) the background, means, and consequence of the instant crime; and (c) the circumstances after the instant crime, etc., the sentence of the lower court cannot be deemed unfair as it is too unfasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.