The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the penalty (two million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The crime of this case is deemed to have been committed by a police officer who was called out after receiving a report that the Defendant was under the influence of alcohol, and thus obstructing the legitimate execution of his duties. Considering the fact that there is a need to strictly punish a crime obstructing the performance of official duties in order to establish the legal order of the State and eradicate the light of public authority, the Defendant’s liability for the crime is light.

Although it is not possible to see that the defendant recognized a crime, the defendant appears to have committed a contingent crime under the influence of alcohol, and the defendant has no record of criminal punishment other than that sentenced once to a fine, and considering all other factors of sentencing as shown in the arguments, such as the defendant's age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the prosecutor's assertion is without merit, since the sentence imposed by the court below is too uneasible and unfair.

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.