2. The crime of this case committed by the Defendant without any particular reason is an element of sentencing unfavorable to the Defendant, such as the following: (a) the nature of the crime is not good in light of its circumstances; and (b) the degree of the assault is not easy; and (c) the crime of obstruction of performance of official duties requires strict punishment for the establishment of public authority and the protection of legal order.

However, the fact that the defendant shows an attitude to recognize and reflect the crime of this case, there is no record of punishment for the same crime, and there is a long-term criminal record three times, but there is no record of criminal punishment after 2000, etc. are factors for sentencing favorable to the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, intelligence, environment, and circumstances after the crime, the sentencing of the lower court is not deemed to be excessively minor beyond the scope of reasonable discretion.

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