2. The crime of this case was committed under the influence of alcohol by a police officer who helps the defendant return home while under the influence of alcohol. The crime of this case was committed at the same time obstructing the police officer's performance of official duties, face, and the nature of the crime is not good. Since the crime of obstruction of performance of official duties is related not only to the function of the legal order of the state, such as nullifying the legitimate exercise of public authority, but also to the safety of the general public, it is necessary to punish the crime of obstruction of performance of official duties. Since the defendant does not receive a letter from the damaged police officer or agree with it, there are some unfavorable circumstances to the defendant. However, the defendant's initial crime of this case seems to have committed a contingent crime while under the influence of alcohol. The crime of this case appears to have been committed by the defendant, such as the degree of interference with the performance of official duties by the police officer, the degree of damage to the police officer concerned, etc. It is more favorable that the defendant's motive, means and result of the crime of this case, the defendant's age after the crime of this case, and circumstances, etc.

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.