2. The instant crime committed by the Defendant, while under the influence of alcohol, assaulted police officers E who recommended him to return home and obstructed his performance of duties, and is not good to the nature of such crime, and is in order to eliminate a rumor emphasizing legitimate public authority and to establish a legal order, there is a need to sentence a severe punishment on the crime of obstruction of performance of official duties, such as the instant case.

However, considering the favorable circumstances, such as the Defendant’s age, character and conduct, environment, and family relationship, it is difficult to deem that the sentencing of the lower court is too unreasonable, in light of the following factors: (a) the Defendant appears to reflect the mistake by recognizing the instant crime; (b) the Defendant committed the instant crime in a contingent and dynamic state while under the influence of alcohol; (c) the Defendant committed the instant crime; (d) the degree of violence by the Defendant’s police officer is relatively heavy; and (e) the Defendant has no history of criminal punishment so far;

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