The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal submitted a petition of appeal against the lower judgment, but withdrawn the appeal on September 28, 2020.

In light of the fact that the crime of obstruction of performance of official duties is a crime detrimental to the function of the State by obstructing the exercise of legitimate public authority, and there is a need to strictly punish the defendant as a crime detrimental to the function of the State, and that the degree of tangible power exercised by the defendant to police officers is not weak, and that there is a history of punishment for several violent crimes prior to the instant case, the punishment (one year of imprisonment, and

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the reasons for sentencing indicated in the records of this case, the lower court’s sentencing is too unfeasible and so it cannot be deemed that the lower court exceeded the reasonable scope of discretion.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. The appeal by the prosecutor of the conclusion is dismissed on the grounds that the appeal is without merit. It is so decided as per Disposition.