The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

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

Judgment

In order to establish the legal order and eradicate the light of the public authority, it is an unfavorable sentencing factor that requires strict punishment of the defendant's obstruction of performance of official duties.

However, considering the following as a whole: (a) the Defendant’s mistake is recognized by the Defendant, and the Defendant appears to have committed the instant crime by drinking and contingently; and (b) the Defendant has no other criminal records in addition to the punishment of fines imposed once in 2001 for a violation of the Punishment of Violences, etc. Act, it is a favorable factor for sentencing; and (c) other factors for sentencing, such as the background of the instant crime, circumstances after the commission of the crime, the age of the Defendant, character and conduct, and environment, are considered as being too uneasible, and thus, the Prosecutor’s assertion is without merit.

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.