The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the penalty (five million won of a fine) declared by the court below against the defendant is too unhued.

2. The crime of this case is an unfavorable circumstance to the defendant, in light of the following: (a) the crime of this case was committed by a police officer who had tried to safely return to the defendant on the street; (b) the nature of the crime was bad; (c) the obstruction of performance of official duties requires strict punishment to establish a legal order; and (d) the fact that the defendant was unable to take advantage of the police officer

However, it is necessary to respect the judgment of the court below on the ground that there is no change in the conditions of sentencing compared with the court below because new sentencing data have not been submitted at the court below. In full view of the circumstances favorable to the defendant, such as the fact that the defendant reflects the crime of this case, that the defendant committed the crime of this case in a contingent manner under the influence of alcohol, that the defendant must support his father and wife by marriage, that the defendant must support his wife and wife by marriage, and that he is the first offender, the circumstances after the crime, the character and nature, environment, age, etc. of the defendant, and all other circumstances that are the conditions of sentencing as shown in the records and arguments of this case, the sentencing of the court below is too unjustifiable,

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.