2. Determination ① that the crime of obstruction of performance of official duties requires strict punishment in order to establish the public authority and legal order, and that the crime of spiting or spiting, etc. of a police officer who performed his/her official duties, is disadvantageously unfavorable.

However, in full view of the following circumstances: (a) there is no history that the Defendant was punished for the same crime; and (b) the Defendant took the attitude of reflecting the instant crime from the early stage of the investigation; and (c) other circumstances, such as the background, means, results, and the circumstances after the crime, etc., the sentence of the lower court cannot be deemed as being too unjustifiable and unreasonable.

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