2. The crime of this case on board was committed by the police officer who was called out after receiving a report that the defendant was under the influence of alcohol and recommended the defendant to shoulder and return home, and the defendant saw that he was under the influence of alcohol, and that the defendant was under the desire to take care of him, and the defendant was walking on the left part of the police officer's breast part by drinking, thereby obstructing the police officer's legitimate execution of official duties. In light of the circumstances of the crime and the attitude of the act, etc., the crime was not committed, and there is a need to punish the defendant with the crime of obstruction of performance of official duties to establish national legal order and eradicate the light of the public authority.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant has recognized his mistake and reflects his depth, that there was no significant result, such as injuring the other party police officer during the course of the crime of this case, that there was no past record of criminal punishment before the crime of this case, and that the defendant's mental illness (e.g., polar disorder) currently being treated seems to have been the cause of the crime of this case, etc., and other factors of sentencing as shown in the arguments of this case, such as the defendant's age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime of this case, etc., it is not recognized that the punishment imposed by the court below is too unreasonable.

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