The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. It is recognized that there was a history of crime subject to punishment three times of a fine, and that the crime of obstructing the performance of official duties of this case interfered with the performance of official duties by assaulting a police officer who performed official duties, and that there is a need to strictly punish the defendant in light of the recent situation of the public authority.

However, considering all of the sentencing conditions stated in the pleadings of this case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, etc., the sentence of the lower court is too uneasy and unreasonable, in light of the fact that the Defendant committed each of the instant crimes, which appears to have committed any of the instant crimes in a contingent manner, the amount of damage to property, which is considerable to 30,000 won, the amount of damage to property, which has been agreed with the victim, the degree of assault against the police officers is not limited, and the degree of assault against the police officers is not limited.

Therefore, prosecutor's assertion 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.