The sentence of the lower court (a fine of five million won) is too unhued and unreasonable.

Judgment

The Defendant’s crime of this case is an offense of obstruction of the performance of official duties, and there is a need to strictly punish the Defendant in order to establish a legal order and eradicate the light of public authority, and the fact that the Defendant’s assaulted to two police officers is disadvantageous.

However, it is favorable for the defendant to recognize the crime of this case and reflect it, and there is no record of punishment in Korea.

Considering the circumstances favorable to the Defendant and the unfavorable circumstances, comprehensively taking into account the following factors: (a) the Defendant’s age, character and conduct, environment, details of the crime, and circumstances after the crime; and (b) the sentencing conditions indicated in the instant records and arguments, it is difficult to deem that the lower court’s punishment is too unreasonable

Therefore, the prosecutor's assertion of unfair sentencing is not accepted.

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.