2. The lower court determined that the Defendant’s act of refusing to take a drinking test without any justifiable reason and obstructing the performance of official duties by assaulting police officers who want to arrest as a current criminal, and at the same time obstructing the performance of official duties and causing bodily injury to police officers, taking account of the circumstances favorable to the need for punishment, such as the Defendant’s confession and reflect on the instant crime, the Defendant’s deposit of KRW 1 million with police officers as his principal, and the Defendant’s criminal record was not less than a suspended sentence, and there was no previous criminal record within the last ten years.

When comprehensively considering the conditions of sentencing, the sentencing judgment of the court below exceeded the reasonable limits of discretion in light of the matters requiring conditions of sentencing, the statutory penalty, the sentencing guidelines, etc. in the court below.

There is no change in circumstances where it is deemed unfair to maintain the judgment of the court below as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the prosecutor’s sentencing and light judgment are 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.