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

Judgment

In order to establish legal order and eradicate the light of public authority, it is necessary to strictly punish the defendant's crime of obstruction of performance of official duties, and the fact that the defendant has been sentenced to a large number of fines, etc. are disadvantageous factors for sentencing.

However, considering the following as a whole: (a) the Defendant’s mistake recognized by the Defendant is against the Defendant; (b) the Defendant appears to have committed the instant crime by drinking and contingently; and (c) the Defendant has no criminal records or criminal records of the same kind, etc., it is a favorable factor for sentencing; and (d) other factors for sentencing, such as the background of the instant crime; (b) circumstances after the instant crime; (c) the Defendant’s age, character and conduct; and (d) various factors for sentencing as indicated in the oral argument,

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.