2. The crime of obstruction of the performance of official duties is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and thus requires strict punishment in order to establish the legal order of the State and eradicate the light of public authority.

However, in full view of all the circumstances that are the conditions for sentencing as shown in the records and arguments of this case, such as the fact that the defendant recognized his mistake and is against himself, the fact that there is no criminal punishment for the same kind of crime, the fact that there is no special change in circumstances after the decision of the court below was made, and the degree of the obstruction of the performance of official duties of this case, the defendant's age, character and conduct, environment, motive and circumstance after the crime, etc., it cannot

Therefore, the prosecutor's assertion is not accepted.

3. 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.