2. The crime of obstructing the performance of judgment was committed under the unfavorable circumstances, such as the establishment of public authority, the protection of legal order, and the elimination of the state of public authority, and the absence of agreement with the victim. However, the defendant is against the recognition of the crime of this case, the defendant has no record of punishment for the same kind of crime, the defendant seems to have committed contingent crimes in the course of regulating the act of cryptization of the defendant under the influence of alcohol, and the extent of the assault of this case is relatively less severe, and there are other circumstances favorable or reasonable for the defendant. In full view of all other circumstances, such as the defendant's age, sexual behavior, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., which are conditions for sentencing as shown in the records and arguments of this case, the prosecutor's assertion above is without merit.

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.