The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the sentence (3 million won in penalty) imposed by the court below on the defendant is too unfasible.

2. The crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant committed assault by the police officer in one time, and the nature of the crime is bad, the crime obstructing the performance of official duties requires strict punishment in order to establish a legal order, and the fact that the defendant was unable to receive a letter from the police officer who suffered the damage is unfavorable to the defendant.

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 materials have not been submitted in the trial at the court below. In full view of the circumstances favorable to the defendant, such as the following: (a) the defendant reflects in depth the crime of this case; (b) the defendant committed the crime of this case in a contingent manner under the influence of alcohol; (c) the degree of violence is minor; and (d) the defendant was the first offender who has no record of investigation; and (c) the details and result of the crime of this case, such as the circumstances after the crime; (d) the circumstances after the crime; (e) the character and conduct of the defendant; and (e) the environment and age of the defendant

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.