2. It is recognized that the crime of obstructing the performance of official duties requires strict punishment for the establishment of public authority and the protection of legal order, and that the crime of obstructing the performance of official duties is not easy in light of the use of violence against police officers who wear the uniform by the defendant.

However, considering the fact that the defendant's mistake is recognized, the defendant is the primary offender, the degree of interference with the performance of official duties is relatively minor, the defendant deposited KRW 500,00 for the police officer who is the counter-offender of the assault, the defendant's age, sexual conduct, environment, motive and consequence of the crime, and the circumstances after the crime, it is not recognized that the sentence of the court below is too unjustifiable and unfair.

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.