2. The crime of obstruction of the performance of official duties is a crime resistanceing against the legitimate execution of public authority and requires strict punishment. The defendant has been punished several times for the same crime, and the defendant again commits the crime in this case without being aware of it during the period of suspension of execution due to the violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.).

On the other hand, the fact that the defendant led to the confession, reflects, and does not repeat the crime of this case, was detained for about four months in this case, the fact that the victim police officer deposited KRW 2 million to deposit to restore damage, and that there is a family member to support, etc. are favorable to the defendant. In light of the above circumstances and other factors, considering all of the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is unreasonable.

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