The prosecutor's appeal is dismissed.

1. The sentence (6 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. The instant crime requires strict liability in that: (a) the Defendant, while driving a drinking alcohol, voluntarily accompanied the police station to cause contact with the Defendant, and subsequently interfered with the performance of official duties by taking a bath and assault; (b) in light of the content and circumstances of the crime, the criminal liability is not easy; and (c) the Defendant again committed the same kind of crime even though he had the record of punishment for driving a drinking alcohol.

However, in full view of the following facts: (a) the Defendant’s mistake is recognized and against the Defendant; (b) the degree of assault is not much serious; (c) there is no record of being punished for obstructing the performance of official duties by the Defendant; and (d) other various sentencing conditions in the records and pleadings, such as the Defendant’s age, sex, environment, and circumstances after the commission of the crime, etc., the sentence imposed by the lower court cannot be deemed as unfair because it is too

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 prosecutor's appeal is without merit. It is so decided as per Disposition.